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 gracious God, able to do far exceeding all that we can ask for, You know the questions we cannot answer, the longings for which we yearn, the problems for which we have no satisfactory solutions. Grant us Your help since You understand our needs better than we ourselves. Grant us a loyalty to the best. Save us from nursing our disappointments, from brooding over defeats, and from being haunted by ghostly regrets. Save us from imagined fears and worldly anxieties, and may no cloud hide from us the brilliance of Your presence. Keep us in Your care. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. MCGEE moved that when the House adjourns, it adjourn in memory of Blanche J. Hill, which was agreed to.
The following was received:
Columbia, S.C., May 2, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 437:
S. 437 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PERMIT, RATHER THAN REQUIRE, THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS PRESCRIBING THE PARAMETERS OF THE CONTINUING EDUCATION REQUIREMENTS AND CHANGE THE COMPOSITION OF THE ADVISORY COMMITTEE; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE FACILITY'S GOVERNING BOARD; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-77-580 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE THE REPEAL OF THIS SECTION AS SCHEDULED FOR JANUARY 1, 2006; TO AMEND SECTION 38-91-130, RELATING TO THE ADVISORY BOARD FOR THE JOINT UNDERWRITING ASSOCIATION FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, SO AS TO CHANGE THE METHOD OF CHOOSING BOARD MEMBERS AND PROVIDE FOR RELATED MATTERS; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-91-130 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE (1) THE PROVISION IN SECTION 20(B) OF ACT 154 OF 1997 THAT STATES THAT CHAPTER 91 OF TITLE 38 SHALL CEASE TO BE OF ANY FORCE OR EFFECT AFTER FEBRUARY 28, 2003 OR (2) ANY OTHER PROVISION CONTAINED IN SECTION 20(B) OF ACT 154 OF 1997; AND TO REPEAL SECTION 38-77-585, RELATING TO ADDITIONAL GOVERNING BOARD MEMBERS OF THE REINSURANCE FACILITY, UPON THE EFFECTIVE DATE OF THIS ACT NOTWITHSTANDING THE PROVISIONS OF SECTION 30 OF ACT 154 OF 1997 REGARDING THE REPEAL OF ARTICLE 5, CHAPTER 77 OF TITLE 38 ON JANUARY 1, 2006.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., May 2, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3393:
H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
Very respectfully,
President
On motion of Rep. LAW, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. LAW, BATTLE and WITHERSPOON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4521 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 41-27-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "UNEMPLOYED" FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW AND THE REDUCTION OF UNEMPLOYMENT BENEFITS TO REFLECT PREVIOUS AND OTHER PAYMENTS ATTRIBUTABLE TO WORK, SO AS TO ELIMINATE ANY REDUCTION IN BENEFITS OF A BENEFICIARY RECEIVING SOCIAL SECURITY BENEFITS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 1282 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-130, AS AMENDED, AND 38-79-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE POWERS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION AND LIMITS ON RECOVERY FOR CLAIMS MADE AGAINST A PERSON OR ENTITY INSURED BY THE ASSOCIATION SO AS TO INCREASE THE LIMITS FROM ONE HUNDRED THOUSAND DOLLARS TO TWO HUNDRED THOUSAND DOLLARS FOR EACH CLAIMANT AND FROM THREE HUNDRED THOUSAND DOLLARS TO SIX HUNDRED THOUSAND DOLLARS FOR ALL CLAIMANTS UNDER ONE POLICY IN ANY ONE YEAR; TO AMEND SECTION 38-79-250, AS AMENDED, RELATING TO OBLIGATIONS OF MEMBERS TERMINATED FROM THE ASSOCIATION, SO AS TO PROVIDE THAT THE STATE IS NOT RESPONSIBLE FOR ANY COSTS, EXPENSES, LIABILITIES, JUDGMENTS, OR OTHER OBLIGATIONS OF THE ASSOCIATION; TO AMEND SECTION 38-79-260, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE ASSOCIATION, SO AS TO REDUCE THE NUMBER OF MEMBERS ON THIS BOARD FROM TWENTY-ONE TO THIRTEEN AND TO REQUIRE THE BOARD TO DEVELOP A PLAN OF OPERATION SUBJECT TO APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-79-430, AS AMENDED, RELATING TO CREATION OF THE BOARD OF GOVERNORS TO MANAGE AND OPERATE THE SOUTH CAROLINA PATIENT'S COMPENSATION FUND, SO AS TO REQUIRE THE BOARD TO DEVELOP A PLAN OF OPERATION SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-79-450, RELATING TO FEES FOR MEMBERSHIP IN THE SOUTH CAROLINA PATIENT'S COMPENSATION FUND, SO AS TO REQUIRE MEMBERS TO PAY ANY DEFICIT OF THE FUND AND TO PROVIDE THAT THE STATE IS NOT RESPONSIBLE FOR ANY COSTS, EXPENSES, LIABILITIES, JUDGMENTS, OR OTHER OBLIGATIONS OF THE FUND.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 1039 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE "SERVICE CONTRACTS MODEL ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 78, SO AS TO REGULATE THE SALE OF SERVICE CONTRACTS FOR THE REPAIR, REPLACEMENT, OR MAINTENANCE OF PROPERTY NORMALLY USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, EXCLUDING, AMONG OTHER THINGS, WARRANTIES AND MAINTENANCE AGREEMENTS; TO REQUIRE ADMINISTRATORS OF SERVICE CONTRACTS TO REGISTER WITH THE DEPARTMENT OF INSURANCE; TO REQUIRE THOSE PROVIDING SERVICE UNDER A CONTRACT TO DEMONSTRATE FINANCIAL RESPONSIBILITY; TO PROVIDE FOR THE REQUIREMENTS OF A REIMBURSEMENT POLICY WHEN SUCH A POLICY INSURES A SERVICE CONTRACT; TO SPECIFY THE FORM AND CONTENT OF SERVICE CONTRACTS; TO REQUIRE SERVICE CONTRACT ADMINISTRATORS TO MAINTAIN ACCURATE ACCOUNTS AND RECORDS; TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO CONDUCT INVESTIGATIONS AND HEARINGS IN ENFORCING THE PROVISIONS OF THIS CHAPTER; AND TO PROVIDE CIVIL PENALTIES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1262 (Word version) -- Senators McConnell, Matthews, Patterson, Reese, Hayes, Jackson, Passailaigue and Saleeby: A BILL TO AMEND SECTION 38-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH REPORTING FORMS TO DOMESTIC INSURERS; TO AMEND SECTION 38-5-90, AS AMENDED, RELATING TO REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OR LICENSE TO FOREIGN OR ALIEN INSURERS, SO AS TO DELETE THE REQUIREMENT THAT THE INSURER MUST EMPLOY PERSONS RESIDING IN THE STATE; TO AMEND SECTION 38-7-35, AS AMENDED, RELATING TO USES FOR TAX IMPOSED ON FIRE INSURERS, SO AS TO REQUIRE CERTAIN TAXES TO BE USED TO IMPLEMENT THE DIVISION OF FIRE AND LIFE SAFETY PROGRAM OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; SECTION 38-7-60, AS AMENDED, RELATING TO RETURNS OF PREMIUMS, SO AS TO PROVIDE THAT SUCH RETURNS MAY BE UNDER OATH OF AN OFFICER OF THE INSURER RATHER THAN THE INSURER'S CHIEF EXECUTIVE OFFICER; TO AMEND SECTION 38-13-80, AS AMENDED, RELATING TO ANNUAL STATEMENTS THAT MUST BE SUBMITTED BY AN INSURER, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH FORMS FOR THIS STATEMENT; TO AMEND SECTION 38-27-610, AS AMENDED, RELATING TO PRIORITY FOR THE DISTRIBUTION OF CLAIMS, SO AS TO REVISE THE PRIORITY AND TO INCLUDE CLAIMS OF THE FEDERAL GOVERNMENT, NOT OTHERWISE INCLUDED, AND TO INCLUDE CLAIMS OF GENERAL CREDITORS AND CERTAIN CLAIMS AGAINST AN INSURER FOR LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE; TO AMEND SECTION 38-33-90, AS AMENDED, RELATING TO REQUIRED REPORTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REVISE CERTAIN REPORTING REQUIREMENTS, TO REQUIRE ANNUAL FILING OF THE ANNUAL STATEMENT CONVENTION BLANK WITH A NATIONAL INSURANCE ASSOCIATION, AND TO PROVIDE IMMUNITY FROM LIABILITY TO THIS ASSOCIATION FOR COLLECTING, ANALYZING, AND DISSEMINATING THIS ANNUAL INFORMATION; TO AMEND SECTION 38-33-100, RELATING TO FINANCIAL REQUIREMENTS FOR ISSUANCE OF A HEALTH MAINTENANCE ORGANIZATION CERTIFICATE OF AUTHORITY, SO AS TO REVISE THE NET WORTH REQUIREMENT AND TO INCLUDE CERTAIN CAPITAL AND SURPLUS REQUIREMENTS; TO AMEND SECTIONS 38-45-20 AND 38-45-30, BOTH AS AMENDED, RELATING TO REQUIREMENTS FOR A RESIDENT AND NONRESIDENT, RESPECTIVELY, TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO ELIMINATE THE REQUIREMENT FOR APPROVAL BY THE DEPARTMENT AND CERTIFICATION BY BROKERS AS THEY RELATE TO BROKER'S TAXES; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO PROCEDURES FOR PLACING INSURANCE WITH SURPLUS LINES INSURERS, SO AS TO DELETE THE REQUIREMENT FOR APPROVAL BY THE DEPARTMENT AND PENALTIES AND PROCEDURES RELATING TO DISAPPROVAL; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO APPROVAL OF ALL INSURANCE POLICIES ISSUED OR SOLD IN THE STATE AND EXEMPTIONS FROM APPROVAL, SO AS TO REQUIRE AN OFFICER OF THE INSURER, RATHER THAN THE CHIEF EXECUTIVE OFFICER TO CERTIFY INFORMATION WHEN POLICIES ARE EXEMPT FROM THE APPROVAL PROCESS; TO ADD SECTIONS 38-63-660, 38-65-360, 38-69-330, AND 38-71-1760 ALL SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS RELATING TO INDIVIDUAL LIFE INSURANCE, GROUP LIFE INSURANCE, INDIVIDUAL ANNUITIES, AND ACCIDENT AND HEALTH INSURANCE, RESPECTIVELY; TO AMEND SECTION 38-73-495, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DISAPPROVE PREVIOUSLY APPROVED RATES FOR WORKERS' COMPENSATION INSURANCE CLASSIFICATIONS AND REVISIONS OF THESE CLASSIFICATIONS, SO AS TO REQUIRE APPEALS OF THESE MATTERS TO THE DEPARTMENT WITHIN ONE YEAR OF THE POLICY EXPIRATION OR CANCELLATION DATE; TO AMEND SECTIONS 38-73-1370 AND 38-73-1380 BOTH, AS AMENDED, RELATING TO PROCEDURES FOR RATING ORGANIZATIONS TO FILE RATES AND PREMIUMS AND FOR APPROVAL OF FINAL RATE OR PREMIUM CHARGES, RESPECTIVELY, SO AS TO ELIMINATE THE REQUIREMENT FOR A PUBLIC HEARING IN CONNECTION WITH THESE MATTERS; TO AMEND SECTION 38-75-470, RELATING TO AN ADVISORY COMMITTEE TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCLUDE AS COMMITTEE MEMBERS REPRESENTATIVES OF THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION AND THE STATE FLOOD MITIGATION PROGRAM AND TO INCREASE THE DIRECTOR'S AND GOVERNOR'S APPOINTEES BY ONE; TO AMEND SECTION 38-75-480, RELATING TO A LOSS MITIGATION GRANT PROGRAM, SO AS TO AUTHORIZE PROVIDING TECHNICAL ASSISTANCE AND INFORMATION RESOURCES TO LOCAL GOVERNMENTS IN CONNECTION WITH DEVELOPING NATURAL HAZARD MITIGATION STRATEGIES; TO AMEND SECTION 38-77-125, RELATING TO INSURANCE COMPANY INFORMATION REQUIRED TO BE INCLUDED ON AUTOMOBILE INSURANCE POLICIES, SO AS TO DELETE THE REQUIREMENT THAT RESIDENT INSURANCE ADJUSTER INFORMATION MUST ALSO BE INCLUDED; AND TO REPEAL SECTION 38-47-80 RELATING TO REQUIRING A PROPERTY OR CASUALTY INSURANCE COMPANY TO MAINTAIN A RESIDENT ADJUSTER IN THE STATE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4939 (Word version) -- Reps. Cato, Tripp and Sharpe: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 16, SO AS TO ESTABLISH PROCEDURES FOR A COMPANY TO OFFER PREPAID LEGAL SERVICES INCLUDING REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS AND OBTAINING APPROVAL OF CONTRACTS OFFERING SUCH SERVICES, AND TO PROVIDE ADMINISTRATIVE PENALTIES; AND TO REPEAL SECTIONS 38-75-510 AND 38-75-520, RELATING TO INSURANCE CONTRACTS FOR LEGAL SERVICES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 952 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARCHITECT LICENSE RENEWAL, SO AS TO REQUIRE COMPLETION OF CONTINUING EDUCATION REQUIREMENTS AS A CONDITION OF RENEWAL.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 560 (Word version) -- Senator Alexander: A BILL TO AMEND TITLE 40, CHAPTER 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 962 (Word version) -- Senators Moore, J. V. Smith and Alexander: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 767 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 6, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS, BY ADDING ARTICLE 3 SO AS TO PROVIDE THE SUBCONTRACTORS' AND SUPPLIERS' PAYMENT PROTECTION ACT, AND TO AMEND CHAPTER 6, TITLE 29, BY DESIGNATING SECTIONS 29-6-10 THROUGH 29-6-60 AS ARTICLE 1.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1368 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO BOY SCOUT TROOP 159 OF SIMPSONVILLE, SOUTH CAROLINA, UPON ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE TROOP'S LEADERS, VOLUNTEERS, AND SUPPORTERS FOR PROVIDING THE SCOUTING PROGRAM TO THE YOUTH OF THE GOLDEN STRIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5025 (Word version) -- Reps. Davenport, Allison and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT TWO ADDITIONAL MEMBERS MUST BE ADDED TO THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER APPOINTED BY A MAJORITY OF THE SPARTANBURG LEGISLATIVE DELEGATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5026 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO HURRICANE DEDUCTIBLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2501, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5027 (Word version) -- Rep. Knotts: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE ROAD (S-103) IN LEXINGTON COUNTY THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY.
Rep. RISER moved to waive Rule 5.12, which was agreed to by a division vote of 11 to 0.
On motion of Rep. KNOTTS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1174 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS OR OCCUPIED STRUCTURES, SO AS TO ADD A PROHIBITION AGAINST DISCHARGING FIREARMS AT OR INTO ANY VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT WHILE IT IS OCCUPIED.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Campsen Carnell Cato Chellis Clyburn Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hinson Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Ott Parks Perry Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, May 3.
Bill Cotty Joel Lourie Daniel Tripp Denny Neilson Chuck Allen Gilda Cobb-Hunter Doug Smith Lynn Seithel Steve Lanford Joseph Neal Richard Quinn Mack Hines Joe Brown Olin Phillips Timothy Wilkes Todd Rutherford Larry Koon
SPECIAL PRESENTATION
Rep. KLAUBER and the Greenwood Delegation presented to the House the Greenwood High School "Eagles" Football Team, Class AAAA State Champions, their coaches and other school officials.
Reps. M. MCLEOD, HARVIN, G. BROWN, CANTY, WOODRUM and J.H. NEAL presented to the House the Wilson Hall Barons Boys Basketball Team, 1999-2000 SCISAA Class AAA State Champions, their coaches, support personnel and other school officials.
Announcement was made that Dr. Arthur C. Hutson of Charleston is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4672 (Word version)
Date: REMOVE:
05/03/00 HAMILTON
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4994 (Word version) -- Reps. Young-Brickell, Chellis and Bailey: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.
H. 4908 (Word version) -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-740 SO AS TO ESTABLISH SOUTH CAROLINA YOUTH HUNTING DAYS FOR CERTAIN GAME SPECIES AND TO SPECIFY REQUIREMENTS AND RESTRICTIONS FOR PARTICIPATION.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 703 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 27-16-70(C)(2); AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.
S. 1332 (Word version) -- Senators Ryberg and Wilson: A BILL TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION NOT REQUIRED FROM CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND CERTAIN OTHER PUBLIC EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO EXTEND THIS PROVISION TO CHILDREN OF STATE EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY ON OR AFTER JULY 1, 1996; AND BY ADDING SECTION 59-111-145 TO DEFINE "STATE EMPLOYEE" FOR PURPOSES OF SECTION 59-111-110 AS A PERSON WHO IS REQUIRED TO PARTICIPATE IN THE STATE RETIREMENT SYSTEM.
S. 1210 (Word version) -- Senator Short: A BILL TO AMEND CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX, BY ADDING SECTION 12-6-3365 SO AS TO PROVIDE FOR A MORATORIUM ON STATE CORPORATE INCOME TAXES FOR A TAXPAYER WHO CREATES AND MAINTAINS FULL-TIME NEW JOBS IN A COUNTY QUALIFYING BY REASON OF HIGH UNEMPLOYMENT OR LOW PER CAPITA INCOME, TO ESTABLISH CRITERIA FOR THE NUMBER AND TYPE OF FULL-TIME NEW JOBS REQUIRED AND FOR THE DETERMINATION OF QUALIFYING COUNTIES, AND TO PROVIDE FOR THE LENGTH OF THE MORATORIUM; AND TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO PROVIDE THAT TAX CREDITS MAY BE CLAIMED, OR UNUSED TAX CREDITS CARRIED FORWARD, AFTER EXPIRATION OF THE MORATORIUM PERIOD; AND TO PROVIDE THAT A TAXPAYER MAY QUALIFY FOR THE MORATORIUM BEGINNING IN TAX YEARS AFTER 1997, WITH THE REPEAL OF THESE PROVISIONS ON JULY 1, 2005, NOT AFFECTING A MORATORIUM THEN IN EFFECT.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, May 4, which was adopted:
H. 4685 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER APPLICANTS TO POST A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO PROVIDE PROCEDURES FOR LICENSE ISSUANCE AND RENEWAL AND PROVISIONS FOR ISSUING CERTAIN CURRENT LICENSEES A LICENSE UNDER REVISIONS TO THIS CHAPTER; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE REQUIREMENTS FOR SURETY BONDS; AND BY ADDING SECTIONS 40-23-300, 40-23-305 AND 40-23-310 SO AS TO ESTABLISH CERTIFICATION CLASSIFICATIONS AND LICENSING REQUIREMENTS FOR PUBLIC WATER TREATMENT FACILITY OPERATORS AND PUBLIC WATER DISTRIBUTION SYSTEM FACILITY OPERATORS, AND TO REQUIRE LICENSURE CLASSIFICATION BASED ON THE TREATMENT PLANT WHERE THE PERSON IS EMPLOYED, ALL OF THE ABOVE PROVISIONS NECESSARY TO CONFORM TO FEDERAL MANDATES FOR LICENSING WATER DISTRIBUTION OPERATORS.
Rep. RICE moved to adjourn debate upon the following Bill until Thursday, May 4, which was adopted:
H. 4892 (Word version) -- Reps. Wilkins, McMahand and F. Smith: A BILL TO AMEND ACT 602 OF 1992, RELATING TO THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, SO AS TO PROVIDE THAT THE BOARD MAY ALSO RAISE THE SCHOOL MILLAGE AS NECESSARY, BUT AT A RATE NOT TO EXCEED FOUR MILLS IN ANY ONE YEAR, TO MAINTAIN A TEACHER SALARY SCHEDULE EQUAL TO THE SALARY SCHEDULE OF ANY OTHER SCHOOL DISTRICT IN THIS STATE.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3475 (Word version) -- Reps. Limehouse, Cotty, Knotts, Lucas, W. McLeod, Meacham-Richardson, Rhoad, Sharpe, Trotter and Whipper: A BILL TO AMEND ARTICLE 5, CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS IN CONNECTION WITH FINFISH AND CRUSTACEANS, BY ADDING SECTION 50-17-550 SO AS TO ESTABLISH LIMITS ON TAKING DOLPHIN GAME FISH, CORYPHAENA HIPPARUS, ALSO KNOWN AS DORADO OR MAHIMAHI, AND TO PROHIBIT THE HARVEST OR POSSESSION OF THE AQUATIC "GRASS" SARGASSUM, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. LIMEHOUSE explained the Bill.
H. 5024 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
S. 1054 (Word version) -- Senators Grooms and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-132, SO AS TO ESTABLISH A NO WAKE ZONE ON THAT PORTION OF LAKE MOULTRIE LYING WITHIN ONE HUNDRED FEET OF THE ENTRANCE TO AND INCLUDING THE CANAL ADJACENT TO JACK'S HOLE AT BONNEAU BEACH.
Rep. LAW explained the Bill.
The following Bill was taken up:
H. 4744 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 62-5-408, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE PROBATE COURT WITH RESPECT TO THE ESTATE AND AFFAIRS OF PROTECTED PERSONS, SO AS TO PROVIDE A NONDISPOSITIVE LIST OF THE POWERS THE COURT HAS OVER THE ESTATE AND AFFAIRS OF A PROTECTED PERSON WHO IS NOT A MINOR.
Rep. D. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18353SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 62-5-408(3) of the 1976 Code is amended to read:
"(3)(a) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court has, for the benefit of the person and of his estate and fulfillment of his legal obligations of support of dependents, all the powers over his estate and affairs which he could exercise if present and not under disability, except the power to make a will. These powers include, but are not limited to, the power to:
(i) make gifts as the court, in its discretion, believes would be made by the person if he were competent;
(ii) convey or release the person's contingent and expectant interests in property including material property rights and any right of survivorship incident to joint tenancy;
(iii) exercise or release the person's powers as trustee, personal representative, custodian for minors, conservator, or donee of a power of appointment;
(iv) enter into contracts;
(v) create or amend revocable trusts or create irrevocable trusts of property of the estate which may extend beyond the person's disability or life;
(vi) fund trusts;
(vii) exercise options of the disabled person to purchase securities or other property;
(viii) exercise the person's right to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value;
(ix) exercise the person's right to an elective share in the estate of the person's deceased spouse;
(x) renounce any interest by testate or intestate succession or by inter vivos transfer; and
(xi) ratify any such actions taken on the person's behalf.
(b) In exercising, or directing the exercise of the court's authority to:
(i) release powers of appointment of which the person is a donee;
(ii) renounce, release or disclaim interests;
(iii) make gifts outright or in trust;
(iv) create or amend trusts; or
(v) change beneficiaries under insurance and annuity policies, the court must exercise its authority only if satisfied, after notice and hearing, that the action is in the best interests of the person and his known heirs, devisees, donees, and beneficiaries, and that the person either is incapable of consenting, or has consented to the proposed exercise of power.
(c) In exercising the powers set forth in item (b), the court also must inquire into and consider any known lifetime gifts or the estate plan of the person, the terms of any revocable trust of which he is grantor, and any contract, transfer, or joint ownership arrangements with provisions for payment or transfer of benefits or interests at his death to another which he may have originated. In exercising the court's authority set forth in item (b), the court must set forth in the record specific findings upon which it has based its ruling."/
Renumber sections to conform.
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. CATO, FLEMING, DAVENPORT, MEACHAM-RICHARDSON, LAW and HINSON withdrew their requests for debate on the following Bill:
S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48, TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
Reps. SHEHEEN, COTTY, SHARPE, SCOTT, MILLER, J. M. NEAL and EMORY requested debate on the Bill.
Reps. FLEMING and KNOTTS withdrew their requests for debate on S. 80; however, other requests for debate remained on the Bill.
Reps. FLEMING, ROBINSON and KNOTTS withdrew their requests for debate on S. 934; however, other requests for debate remained on the Bill.
Reps. RHOAD, WHATLEY, FLEMING, STUART, KNOTTS, CLYBURN, TOWNSEND and STILLE withdrew their requests for debate on H. 3831; however, other requests for debate remained on the Bill.
Reps. CLYBURN, GOURDINE and TROTTER withdrew their requests for debate on the following Bill, whereupon requests for debate were raised by Reps. COTTY, F. SMITH and SHARPE:
S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington, Reese, Patterson, Courson, Moore, Holland, Saleeby, Giese, McGill, Jackson, Ford, Short, Land and Anderson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
Reps. FLEMING, WHATLEY, KNOTTS and CATO withdrew their requests for debate on the following Bill, whereupon requests for debate were raised by Reps. ALLISON, SHEHEEN, R. SMITH and BREELAND:
H. 4616 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.
Reps. FLEMING, WHATLEY and KNOTTS withdrew their requests for debate on the following Joint Resolution, whereupon a request for debate was raised by Rep. SHEHEEN:
H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.
Rep. GILHAM withdrew her request for debate on S. 1129; however, other objections and requests for debate remained on the Bill.
Upon the withdrawal of requests for debate by Reps. LEACH and CATO, the following Bill was taken up:
S. 571 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF TITLES, DESIGNATIONS, AND ABBREVIATIONS RELATIVE TO CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO AUTHORIZE ENROLLED AGENTS OR ACTUARIES PRACTICING BEFORE THE INTERNAL REVENUE SERVICE TO USE THE ABBREVIATION "EA"; AND TO AMEND SECTIONS 40-2-40, 40-2-55, 40-2-190, AND 40-2-560 SO AS TO CONFORM CERTAIN REQUIREMENTS FOR REGISTRATION, CERTIFICATION, LICENSURE, CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE FOR PUBLIC ACCOUNTANTS AND ACCOUNTING PRACTITIONERS TO THOSE REQUIREMENTS FOR CERTIFIED PUBLIC ACCOUNTANTS.
Rep. LIMEHOUSE explained the Bill.
The Bill was read second time and ordered to third reading.
Upon the withdrawal of requests for debate by Reps. FLEMING, CATO and KNOTTS, the following Bill was taken up:
H. 4881 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-5-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP TRAWLS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HAVE ON BOARD OR TO TRAWL WITH ANY TRAWL HAVING A TOTAL FOOT ROPE LENGTH GREATER THAN TWO HUNDRED TWENTY FEET, TO PROVIDE FOR CERTAIN EXCEPTIONS, AND TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS SECTION.
Rep. SHARPE explained the Bill.
The Bill was read second time and ordered to third reading.
Upon the withdrawal of requests for debate by Reps. TROTTER, KNOTTS, SCOTT, F. SMITH, FLEMING, WHATLEY and SHARPE, the following Bill was taken up:
H. 4534 (Word version) -- Reps. Hawkins, Klauber and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-170 SO AS TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD, FOR THE USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18362SOM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 30-4-170. (A) Without limiting the meaning of other sections of this chapter:
(1) a private person or entity shall not knowingly obtain or use any information obtained from a public record for any form of commercial solicitation directed to any person in this State; and
(2) every public body shall provide a notice to all requestors of records under this chapter, and to all persons who obtain records under this chapter, that obtaining or using public records for any purposes of commercial solicitation directed to any person in this State is prohibited.
(B) Notwithstanding any other provision of this chapter, a person knowingly violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. LITTLEJOHN, RODGERS, J. HINES, CATO and EMORY withdrew their requests for debate on H. 3831; however, other requests for debate remained on the Bill.
Upon the withdrawal of requests for debate by Reps. FLEMING, CATO and KNOTTS, the following Bill was taken up:
H. 4864 (Word version) -- Reps. Witherspoon and Barfield: A BILL TO AMEND SECTION 50-5-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHAD BY HOOK AND LINE AND TO SET LIMITS ON THE NUMBER OF SHAD TAKEN, SO AS TO MAKE THE SECTION APPLICABLE TO TAKING SHAD BY CAST NET AND TO REDUCE THE AGGREGATE NUMBER OF SHAD TAKEN FROM TWENTY TO TEN IN ANY ONE DAY.
Rep. WITHERSPOON explained the Bill.
The Bill was read second time and ordered to third reading.
Reps. LEACH, STUART, EMORY, CATO and DAVENPORT withdrew their requests for debate on H. 4960; however, other requests for debate remained on the Bill.
Reps. FLEMING, MEACHAM-RICHARDSON and DAVENPORT withdrew their requests for debate on H. 4677; however, other requests for debate remained on the Bill.
Upon the withdrawal of requests for debate by Reps. BALES and J. H. NEAL, the following Joint Resolution was taken up:
H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.
Rep. TOWNSEND explained the Joint Resolution.
Reps. COTTY, SIMRILL, ALTMAN and KIRSH requested debate on the Joint Resolution.
Rep. FLEMING withdrew his request for debate on H. 4861; however, other requests for debate remained on the Bill.
Upon the withdrawal of requests for debate by Reps. FLEMING, WHATLEY and CATO, the following Bill was taken up:
S. 1130 (Word version) -- Senator Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO AMONG OTHER THINGS, REVISE THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA AND AUTHORIZE A CERTIFIED EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER EUTHANASIA, INCREASE THE MAXIMUM PENALTIES FOR VIOLATIONS OF THIS ARTICLE, AND AUTHORIZE THE ATTORNEY GENERAL TO BRING AN ACTION TO ENJOIN A VIOLATION OF THIS ARTICLE.
Rep. COTTY requested debate on the Bill.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5173DJC00), which was adopted:
Amend the bill, as and if amended, Section 47-3-30, in SECTION 1, beginning on page 2, line 40, through page 3, line 5, by striking Section 47-3-30 in its entirety and inserting:
/ "Section 47-3-30. The governing body of the county or municipality is authorized to establish an animal shelter for the county or municipality for the purpose of impounding and quarantining dogs and quarantining cats and shall employ such personnel, including enforcement personnel, as may be necessary to administer the provisions of this article. If an animal shelter is established, funds to establish and operate the shelter and employ necessary personnel shall may be provided in the annual county or municipal appropriations. " /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
Rep. SHARPE explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Upon the withdrawal of requests for debate by Reps. CATO, FLEMING, COOPER, KNOTTS and TOWNSEND, the following Joint Resolution was taken up:
H. 4968 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NONEMERGENCY VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2439, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. EASTERDAY requested debate on the Joint Resolution.
Rep. SANDIFER explained the Joint Resolution.
The Joint Resolution was read second time and ordered to third reading.
Upon the withdrawal of a request for debate by Rep. CATO, the following Bill was taken up:
H. 4371 (Word version) -- Reps. Barrett, Wilder and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
Rep. HARRELL explained the Bill.
The Bill was read second time and ordered to third reading.
Upon the withdrawal of requests for debate by Reps. TOWNSEND, CATO, SHARPE, MOODY-LAWRENCE and DAVENPORT, the following Bill was taken up:
H. 4317 (Word version) -- Reps. Allison, Altman, Walker, Riser, Rodgers and Seithel: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM PROPERTY TAX ONE PERSONAL MOTOR VEHICLE OWNED OR LEASED BY THE CAREGIVER OF A MENTALLY RETARDED PERSON OR PHYSICALLY HANDICAPPED PERSON WHEN THE VEHICLE IS USED TO TRANSPORT THE MENTALLY RETARDED OR PHYSICALLY HANDICAPPED PERSON, TO REQUIRE THAT THE INDIVIDUAL TRANSPORTED MUST BE ELIGIBLE TO BE CLAIMED AS A DEPENDENT ON FEDERAL INCOME TAX RETURNS FILED BY THE CAREGIVER, AND TO DEFINE "HANDICAPPED" AND "MENTALLY RETARDED".
Rep. RISER explained the Bill.
The Bill was read second time and ordered to third reading.
The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day.
The following House Resolution was taken up:
H. 5028 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S.1266, RELATING TO THE PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA, FOR SECOND READING OR OTHER CONSIDERATION ON TUESDAY, MAY 9, 2000, IMMEDIATELY FOLLOWING CONSIDERATION OF SENATE AMENDMENTS AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.1266 BEGINNING ON WEDNESDAY, MAY 10, 2000, IMMEDIATELY FOLLOWING THE CALL OF THE ROLL OF THE HOUSE UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 1266 relating to the permanent placement of the United States Flag, the South Carolina State Flag, and the South Carolina Infantry Battle Flag of the Confederate States of America, is set by special order for second reading or other consideration on Tuesday, May 9, 2000, immediately following consideration of Senate amendments and continuing each legislative day thereafter immediately following the call of the roll of the House beginning with Wednesday, May 10, 2000, until S. 1266 is given third reading or it is otherwise disposed of.
Rep. D. SMITH explained the Resolution.
Reps. KNOTTS, FLEMING and COOPER proposed the following Amendment No. 2 (Doc Name GJK\AMEND\21332SD00), which was tabled:
Amend the resolution, as and if amended, by striking /Wednesday, May 10, 2000/ on line 34, page 1, and inserting /Thursday, May 11, 2000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
Rep. QUINN moved to table the amendment.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Chellis Clyburn Cobb-Hunter Cotty Dantzler Easterday Edge Emory Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hawkins Hayes Hines, J. Hinson Howard Huggins Jennings Keegan Kelley Klauber Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox McCraw McGee McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Rodgers Rutherford Sandifer Scott Seithel Sheheen Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Cato Cooper Davenport Delleney Fleming Frye Kirsh Knotts Koon Lanford Loftis Martin Meacham-Richardson Rice Riser Robinson Sharpe Townsend Trotter
So, the amendment was tabled.
Rep. FLEMING spoke against the Resolution.
The Resolution was adopted.
Rep. TOWNSEND moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bailey Bales Barfield Barrett Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hinson Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. TOWNSEND, MILLER and STUART to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 3/22/00--S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 56-3-8000(A) of the 1976 Code, as added by Act 63 of 1999, is amended to read:
"(A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3) or 501(C)(7) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.
The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued."
SECTION 2. Section 56-3-780 of the 1976 Code, as amended, is further amended to read:
"Section 56-3-780. (A) Permanent license plates must be issued by the department for all motor vehicles operated by the State or its political subdivisions. The license fee, including registration, is two dollars. Permanent plates must bear the words 'South Carolina', the number, and a prefix 'SG', 'RG', 'CG', or 'MG' to designate respectively state government, regional government, county government, or municipal government. The department may issue a permanent license plate to vehicles used by state or local law enforcement agencies. The fee for the permanent plate is two dollars. A decal may be issued to designate the law enforcement agency. The department may charge a reasonable fee to cover the cost of the decal.
(B) All other vehicles operated by the State or its subdivisions and the Civil Air Patrol must be registered and licensed for a biennial fee of two dollars and must be issued plates in accordance with Section 56-3-1710.
(C) Registration and licenses issued under this section are not transferable except to another agency or department of government."
SECTION 3. Section 1 of this act takes effect upon approval by the Governor and Section 2 takes effect on January 1, 2001./
Amend title to conform.
John C. Land Ronald P. Townsend Joe Wilson Elsie R. Stuart Ralph Anderson Vida O. Miller On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
On motion of Rep. DAVENPORT, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
H. 5025 (Word version) -- Reps. Davenport, Allison and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT TWO ADDITIONAL MEMBERS MUST BE ADDED TO THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER APPOINTED BY A MAJORITY OF THE SPARTANBURG LEGISLATIVE DELEGATION.
Rep. DAVENPORT moved to waive Rule 5.12, which was agreed to by a division vote of 21 to 0.
Rep. NEILSON asked unanimous consent to recall H. 4693 from the Committee on Education and Public Works.
Rep. WALKER objected.
On motion of Rep. HASKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
S. 1297 (Word version) -- Senators Short, Peeler, J. V. Smith, Leventis, Drummond, Anderson, Moore, Rankin, Giese, Waldrep and Saleeby: A BILL TO AMEND SECTIONS 40-15-80 AND 40-15-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS AND DENTAL TECHNICIANS, SO AS TO FURTHER DEFINE CERTAIN DENTAL PROCEDURES AND CONDITIONS UNDER WHICH THEY MAY BE ADMINISTERED.
On motion of Rep. H. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FORM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Rep. WHIPPER, with unanimous consent, withdrew his request for debate on H. 3831; however, other requests for debate remained on the Bill.
Rep. DAVENPORT asked unanimous consent to recall H. 3175 from the Committee on Judiciary.
Rep. HARRISON objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 4650 (Word version) -- Reps. Hamilton, W. McLeod, Easterday, Leach and F. Smith: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA; AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.
Rep. CATO moved to adjourn debate upon the Senate Amendments until Thursday, May 4, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4555 (Word version) -- Reps. J. Smith and Walker: A BILL TO AMEND SECTION 20-7-9710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO ADD THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD.
Reps. HARRISON and TOWNSEND proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21327SD00), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 2 and 3 in their entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3741 (Word version) -- Reps. Sharpe, Wilkes and Davenport: A BILL TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO AMEND SECTION 58-5-720 RELATING TO THE FILING OF BONDS OF CERTIFICATES OF DEPOSIT BEFORE APPROVAL OF CONSTRUCTION OR OTHER WORK ON WATER OR SEWER SYSTEMS SO AS TO INCREASE THE AMOUNT OF THE BOND FROM A MINIMUM OF TEN THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS AND A MAXIMUM OF FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND; TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS.
Rep. SHARPE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3120 (Word version) -- Reps. Sandifer, Meacham-Richardson, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.
Rep. HARRISON moved to adjourn debate upon the Senate Amendments until Thursday, May 4, which was agreed to.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 4710 (Word version) -- Reps. Harrison, Knotts and Whatley: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE FEBRUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Rep. HARRISON explained the Senate Amendments.
Rep. ROBINSON made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, Kirsh, McGee and Meacham-Richardson: A BILL TO AMEND SECTION 59-40-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS AND THE ADMISSION OF STUDENTS TO CHARTER SCHOOLS, SO AS TO PROVIDE THAT STATE FORMULA FUNDING FOR A CHARTER SCHOOL SHALL BE COMPUTED WITHOUT REGARD TO THE RACIAL COMPOSITION OF THE CHILDREN ELIGIBLE TO ATTEND THE SCHOOL AND TO DELETE A REQUIREMENT THAT CHARTER SCHOOL ENROLLMENT MAY NOT DIFFER FROM THE RACIAL COMPOSITION OF THE SCHOOL DISTRICT BY MORE THAN TEN PERCENT.
Rep. TOWNSEND proposed the following Amendment No. 1A (Doc Name COUNCIL\GJK\AMEND\21295SD00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 40, Title 59 of the 1976 Code 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."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform
Amend title and totals to conform.
Rep. TOWNSEND explained the amendment.
Rep. SHEHEEN made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Concurrent Resolution was taken up:
S. 1311 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.
Whereas, child abuse is a pervasive problem in South Carolina and the nation as a whole; and
Whereas, in 1998 alone there were 20,686 reported cases of child abuse involving almost 46,000 children in our State; and
Whereas, sixteen South Carolina children died as a result of child abuse in 1998, with an average of one child death per month; and
Whereas, fourteen of the sixteen child deaths involved children under the age of three; and
Whereas, fourteen South Carolina parents were charged in 1998 with their child's death by abuse; and
Whereas, death or emotional scarring caused by child abuse is a horrendous reminder of the severity of this heinous crime; and
Whereas, South Carolina recognizes that the abuse of even one child is one too many, as children are our most valuable resource. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That April is recognized as Child Abuse Prevention Month.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. WEBB.
Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 10, which was adopted:
H. 4899 (Word version) -- Reps. Campsen, Harrell, Limehouse and Whatley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO AUTHORIZE THE COUNTY COUNCIL TO COMMENT AND MAKE RECOMMENDATIONS ON THE PROPOSED BUDGET TO WHICH THE BOARD MUST RESPOND IN WRITING WHILE LEAVING AUTHORITY TO ACCEPT OR REJECT THESE COMMENTS OR RECOMMENDATIONS WITHIN THE BOARD'S DISCRETION, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, AND TO REQUIRE THIS APPROVAL BY ORDINANCE.
Rep. YOUNG-BRICKELL moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up:
S. 1204 (Word version) -- Senators Drummond, Leventis and Hayes: A BILL TO AMEND SECTIONS 9-1-10, AS AMENDED, 9-1-470, AS AMENDED, 9-1-1140, AS AMENDED, 9-1-1510, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1540, 9-1-1550, AS AMENDED, 9-1-1650, AS AMENDED, 9-1-1660, AND 9-1-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT AND TO AMEND SECTIONS 9-11-10, AS AMENDED, 9-11-40, AS AMENDED, 9-11-50, AS AMENDED, 9-11-60, AS AMENDED, 9-11-70, AS AMENDED, 9-11-80, AS AMENDED, 9-11-130, 9-11-210, AS AMENDED, 9-11-220, AND 9-11-310, RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, AND THE COST OF LIVING ADJUSTMENT, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND CONFORM THE COST OF LIVING DEFINITION UNDER THIS SYSTEM TO THE DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, AND TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1850, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330 ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Rep. KNOTTS proposed the following Amendment No. 1 (Doc Name COUNCIL\PSD\AMEND\7183SD00), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered, which shall read:
"SECTION_____. (A) Section 12-6-1140 of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding an appropriately numbered item at the end to read:
'( ) amounts paid by an employer otherwise required to be paid by an employee or officer who is a member of one of the state retirement systems provided in Title 9 in order for the member to establish additional service credit in the system.'
(B) The provisions of this section are effective for taxable years beginning after 1997."
Amend the title, as and if amended, by adding at the end:
"TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM THE SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW THE DEDUCTION OF EMPLOYER-PAID OBLIGATIONS OF AN EMPLOYEE TO ESTABLISH SERVICE CREDIT IN THE VARIOUS STATE RETIREMENT SYSTEMS."
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
The amendment was then adopted.
Rep. RISER proposed the following Amendment No. 5 (Doc Name COUNCIL\BBM\AMEND\9517HTC00), which was adopted:
Amend the bill, as and if amended, by adding three SECTIONS appropriately numbered to read:
/ SECTION __. Section 9-1-1620 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 9-1-1620. Until the first payment on account of a retirement allowance becomes normally due, any member or beneficiary may elect, by filing with the system, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent actuarial value under one of the optional forms named below, the retirement allowance under the option selected being due and payable on the date of retirement:
Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that if he dies within ten years from his retirement date, an amount equal to his accumulated contributions at retirement, less one-one hundred twentieth of the amount for each month for which he has received a retirement allowance payment, must be paid to his legal representatives or to the person he nominates by written designation duly acknowledged and filed with the board;
Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 3. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death at one-half the rate paid to him to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 4. Effective July 1, 1990, a retirement allowance of the amount that, with his benefit under Title II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount a year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a Social Security benefit. Cost-of-living and other special increases in benefits are not applied to the amount advanced under this option;
Option 5. A member may elect either Option 2 or 3 with the added provision that, if the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death must be equal to the retirement allowance which would have been payable had the member not elected the option;
Option 6. A member may elect Option 2 or 3 with the added provision that the reduced retirement allowance after his death must be payable in equal shares to and for the life of each of two or more beneficiaries, or to the trustee or trustees of the beneficiaries, for so long as each beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.
A member having elected Option 2, 3, or 5 and nominated his or her spouse to receive a retirement allowance upon the member's death may revoke the prior nomination and elect a new option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed by the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains such other information as the system requires, or (b) a writing signed by the member and notarized that makes the same revocation and election and contains the identical information required by the prescribed form. The revocation and election of a new option is effective on the first day of the month in which the new option is elected. The retirement allowance payable following the election of a new option allowed by this paragraph must be computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse must be made before the first anniversary of the death of the spouse.
A member who retired under the provisions of Option 4 before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992.
The board may approve a five-year pay-out plan developed by the actuary on the basis of the total retirement allowance for surviving beneficiaries, other than a spouse.
(A) No later than the date the first payment of a retirement allowance is due, a member shall elect a form of monthly payment from the following options:
Option A. The maximum retirement allowance payable under law for the life of the member. Upon the member's death, the member's designated beneficiary is entitled to receive any remaining member contributions.
Option B. A reduced retirement allowance payable during the retired member's life, which continues after the member's death for the life of the member's designated beneficiary or, if the member selects multiple beneficiaries, which continues after the member's death in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
Option C. A reduced retirement allowance payable during the retired member's life, which continues after the member's death at one-half the rate paid to the member for the life of the member's designated beneficiary or, if the member selects multiple beneficiaries, which continues after the member's death at one-half the rate paid to the member in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
(B)(1) A retired member, within one year after a change in marital status, may revoke the form of monthly payment elected and elect a new form of monthly payment, which must be the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new form of monthly payment. The new form of monthly payment is effective on the first day of the month in which the new form of monthly payment is elected.
(2) Notwithstanding any other provision of law, a retired member's form of monthly payment may not be changed more than twice. A reversion to the maximum retirement allowance payable under law upon the death of the beneficiary or beneficiaries as provided in Options B and C of subsection (A) constitutes a change in the form of monthly payment for the purposes of this item.
(C) Members retiring before January 1, 2001, shall continue to receive a retirement allowance in accordance with the form of payment selected under the law in effect at the time of their retirement. The provisions of subsection (B) apply to these members but changes in forms of payment occurring before January 1, 2001, are not included in the limitation provided in subsection (B)(2).
(D) A member who retired under the provisions of the previously existing Social Security Advance Option before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992. "
SECTION __. Section 9-11-150 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 9-11-150. Until the first payment on account of a retirement allowance becomes normally due, any member or beneficiary may elect, by filing with the system, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent value under one of the optional forms named below, the retirement allowance under the option selected being due and payable on the date of retirement:
Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that the reduced allowance continues after his death to and for the life of the beneficiary, or to the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it continues after his death at one-half the rate paid to him to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the board at the time of retirement, if the person survives him;
Option 3. Effective July 1, 1990, a retirement allowance of the amount that, with his benefit under Title II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount a year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a Social Security benefit. Cost-of-living and other special increases in benefits are not applied to the amount advanced under this Option;
Option 4. A member may elect either Option 1 or 2 with the added provision that, if the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death must be equal to the retirement allowance which would have been payable had the member not elected the option;
Option 5. A member may elect Option 1 or 2 with the added provision that the reduced retirement allowance after his death must be payable in equal shares to and for the life of each of two or more beneficiaries, or to the trustee or trustees of the beneficiaries, for so long as the beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.
A member having elected Option 1, 2, or 4 and nominated his or her spouse to receive a retirement allowance upon the member's death may revoke the prior nomination and elect a new option only after the death of his or her spouse, a divorce, or other change in the member's marital status. This change may be accomplished only by filing with the system: (a) the form prescribed by the system, appropriately completed, signed by the member and notarized, that simultaneously both revokes the prior nomination and elects a new option and contains such other information as the system requires, or (b) a writing signed by the member and notarized that makes the same revocation and election and contains the identical information required by the prescribed form. The revocation and election of a new option is effective on the first day of the month in which the new option is elected. The retirement allowance payable following the election of a new option allowed by this paragraph must be computed upon the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new option. The revocation of the prior nomination and the election of a new option after the death of the member's spouse must be made before the first anniversary of the death of the spouse.
A member who retired after the provisions of Option 3 before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992.
(A) No later than the date the first payment of a retirement allowance is due, a member shall elect a form of monthly payment from the following options:
Option A. The maximum retirement allowance payable under law for the life of the member. Upon the member's death, the member's designated beneficiary is entitled to receive any remaining member contributions.
Option B. A reduced retirement allowance payable during the retired member's life, which continues after the member's death for the life of the member's designated beneficiary or, if the member selects multiple beneficiaries, which continues after the member's death in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
Option C. A reduced retirement allowance payable during the retired member's life, which continues after the member's death at one-half the rate paid to the member for the life of the member's designated beneficiary or, if the member selects multiple beneficiaries, which continues after the member's death at one-half the rate paid to the member in equal shares to and for the life of each of two or more beneficiaries. The reduced retirement allowance payable under this option must be the actuarial equivalent of the maximum retirement allowance payable to the member under law, and if the member selects multiple beneficiaries, the benefit reduction factor must be based on the average age of the designated beneficiaries. If all of the designated beneficiaries predecease the member, then the member shall receive a retirement allowance equal to the maximum retirement allowance payable under law to the member.
(B)(1) A retired member, within one year after a change in marital status, may revoke the form of monthly payment elected and elect a new form of monthly payment, which must be the actuarial equivalent of the retirement allowance in effect immediately before the effective date of the new form of monthly payment. The new form of monthly payment is effective on the first day of the month in which the new form of monthly payment is elected.
(2) Notwithstanding any other provision of law, a retired member's form of monthly payment may not be changed more than twice. A reversion to the maximum retirement allowance payable under law upon the death of the beneficiary or beneficiaries as provided in Options B and C of subsection (A) constitutes a change in the form of monthly payment for the purposes of this item.
(C) Members retiring before January 1, 2001, shall continue to receive a retirement allowance in accordance with the form of payment selected under the law in effect at the time of their retirement. the provisions of subsection (B) apply to these members, but changes in forms of payment occuring before January 1, 2001, are not included in the limitation provided in subsection (B)(2).
(D) A member who retired under the provisions of the previously existing Social Security Advance Option before July 1, 1990, may elect to have his benefit adjusted so that cost-of-living and other special increases in benefits are not applied to the amount of advance or reduction in allowance under this option after July 1, 1992, or the member's attainment of age sixty-two, if later, by making a special lump sum payment before that date. This lump sum payment must be equal to the excess, if any, of cost-of-living and other special increases in benefits actually paid to the member, over the increases that would have been paid had the member not elected an optional form of allowance. If a member does not elect to make the payment, his benefit must be automatically adjusted when no such excess exists, but not before July 1, 1992. "
SECTION __. Section 9-11-110(2) of the 1976 Code is amended to read:
"(2) Upon the death of a retired member a lump sum amount must be paid to the person he has last nominated by written designation, duly acknowledged and filed with the board, otherwise to his estate. The lump sum amount must be equal to the excess, if any, of his total accumulated contributions at the time his allowance commenced over the sum of the retirement allowance payments made to him, and to his designated beneficiary under Options 1, 2, and 4 of SECTION 9-11-150, during their lifetimes. Upon the death of a member who did not select a survivor option or who selected a survivor option and the member's designated beneficiary predeceased the member, a lump sum amount must be paid to the member's designated beneficiary or the member's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member. Upon the death of a designated beneficiary selected under a survivor option, a lump sum amount must be paid to the beneficiary's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member and the member's beneficiary. The lump sum payment must be the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member or in the case of a survivor option, the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member and the member's designated beneficiary." /
Amend further, as and if amended, beginning on page 18, by striking SECTION 9 and inserting:
/SECTION 9. The first two paragraphs of Section 9-1-1650 of the 1976 Code are amended to read:
"Should If a member cease ceases to be a teacher or employee except by death or retirement, he shall the member must be paid within six months after his the member's demand therefor for payment, but not less than ninety days after ceasing to be a teacher or employee, the sum of his the member's contributions and the accumulated regular interest thereon on the contributions. If such the member has five or more years of creditable earned service and elects, prior to before the time his the member's membership would otherwise terminate, elects to leave his these contributions in the system, he shall the member, unless and until such these contributions are paid to him as provided by this section prior to before the attainment of age sixty, remain remains a member of the system and shall be is entitled to receive a deferred retirement allowance commencing beginning at age sixty computed as a service retirement allowance in accordance with Section 9-1-1550. Provided, that the The employee annuity shall must be the actuarial equivalent at age sixty of the member's contributions with such the interest credits thereon on the contributions, if any, as shall be allowed by the board. Should If a member die dies before retirement, the amount of his the member's accumulated contributions shall must be paid to his the member's estate or to such the person as he shall have the member nominated by written designation, duly acknowledged and filed with the board.
Upon the death of a retired member who has not elected either Option 1 or Option 4 under Section 9-1-1620, a lump sum amount must be paid to the person as he has last nominated by written designation, duly acknowledged and filed with the board; otherwise, it must be paid to his estate. The amount must be equal to the excess, if any, of his total accumulated contributions at the time his retirement allowance commenced over the sum of the retirement allowance payments made to him, and to his designated beneficiary under Options 2, 3, and 5 of SECTION 9-1-1620, during their lifetimes. Upon the death of a member who did not select a survivor option or who selected a survivor option and the member's designated beneficiary predeceased the member, a lump sum amount must be paid to the member's designated beneficiary or the member's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member. Upon the death of a designated beneficiary selected under a survivor option, a lump sum amount must be paid to the beneficiary's estate if total member contributions and accrued interest at the member's retirement exceed the sum of the retirement allowances paid to the member and the member's beneficiary. The lump sum payment must be the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member or in the case of a survivor option, the total member contributions and accrued interest at retirement less the sum of the retirement allowances paid to the member and the member's designated beneficiary. This paragraph does not govern lump sum distributions payable on account of members retiring under former Option 1 of Section 9-1-1620 or on account of members retiring before July 1, 1990 under former Option 4 of Section 9-1-1620." /
Amend further, as and if amended, in Section 9-1-1660, as contained in SECTION 10, page 19, lines 28 and 40, by striking /2/ and inserting / 2 B / and on line 29 by inserting before the period / (A) /
Amend further, as and if amended, in Section 9-11-130(1) as contained in SECTION 19, page 35, line 29, by striking /1/ and inserting /1 B/ and by inserting before the period on the same line /(A)/.
Renumber sections to conform.
Amend title to conform.
Rep. RISER explained the amendment.
The amendment was then adopted.
Rep. RISER proposed the following Amendment No. 6 (Doc Name COUNCIL\DKA\AMEND\3846MM00), which was adopted:
Amend the bill, as and if amended, Section 9-1-10(11)(a), SECTION 1, page 7, by deleting beginning on line 1 /, agent, or officer /.
Amend further, Section 9-1-10(11)(c), SECTION 1, page 7, by deleting on lines 9 and 12 / , agent, or officer /; and by inserting after / funds / on line 13:
/ ,whether the employee is elected, appointed, or employed /.
Amend title to conform.
Rep. RISER explained the amendment.
The amendment was then adopted.
Rep. JENNINGS proposed the following Amendment No. 9 (Doc Name COUNCIL\BBM\AMEND\9563HTC00), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A.1. Section 9-9-50(4) of the 1976 Code, as amended by Act 439 of 1998, is further amended to read:
"(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service, at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, provided he was discharged or separated from the military service under conditions other than dishonorable, and upon paying to the system, by a single payment before his retirement or death or by such other method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his becoming a member of the General Assembly the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. No member shall receive credit for more than six years of military service. Military service includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment for each year of service credited. The prohibition on duplication of benefits applicable to credit established for federal employment pursuant to Section 9-1-1140 also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system provided in this title. A member of the General Assembly may establish service credit in the system for the same types of service, at the same cost, and under the same conditions, as members of the South Carolina Retirement System may establish service in the South Carolina Retirement System pursuant to Section 9-1-1140."
2. This subsection takes effect on January 1, 2001.
B.1. Section 9-1-1620 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding a new paragraph immediately before the penultimate paragraph to read:
"There must be paid by the system in a lump sum to a member revoking a previous nomination and electing a new option as allowed in the preceding paragraph an amount equal to the difference between the member's maximum benefit at the time of retirement and the amount received by the member under the option the member elected for each month from the first full month the member was retired through the end of the month in which the change in marital status occurred. No more than one such lump sum may be paid a retiree."
2. Section 9-11-150 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding a new paragraph before the last paragraph to read:
"There must be paid by the system in a lump sum to a member revoking a previous nomination and electing a new option as allowed in the preceding paragraph an amount equal to the difference between the member's maximum benefit at the time of retirement and the amount received by the member under the option the member elected for each month from the first full month the member was retired through the end of the month in which the change in marital status occurred. No more than one such lump sum may be paid a retiree."
3. Notwithstanding the general effective date of this act, this subsection takes effect upon approval by the Governor and applies effective for changes in marital status of retirees occurring on or after that date.
C.1. Section 9-9-60 of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding at the end:
"(3) A member who has attained the age of seventy years may retire and draw a retirement benefit while continuing to serve in the General Assembly upon written application to the board setting forth at what time, not more than ninety days before nor more than six months subsequent to the execution and filing of the application, the member desires to be retired. A member who has retired under this provision shall make no further contributions to the system, shall earn no further service credit, and may not reenter membership in the system.
The member must retire at the beginning of an annual session of the General Assembly and his election to receive his retirement allowance under this system is in lieu of receiving his constitutionally mandated per diem salary, currently established at ten thousand four hundred dollars for a regular session. This election if made is irrevocable and applies for as long as that person serves thereafter in the General Assembly including service in both regular and extra sessions."
2. Notwithstanding the general effective date of this act, this subsection takes effect January 1, 2001.
D.1. Section 9-9-50 of the 1976 Code, as last amended by Act 439 of 1998, is further amended by adding at the end:
"(5) A member who was previously concurrently employed in two positions covered by the South Carolina Retirement System, where one of the positions covered by the South Carolina Retirement System was as an elected official, may establish credit for the concurrent period of South Carolina Retirement System service by paying the difference in cost to the system on the same basis as members of the General Assembly contributed for the same period of time, plus interest. However, a member may not establish credit in this system for any period of concurrent South Carolina Retirement System service which was included in the member's South Carolina Retirement System average final compensation."
2. Notwithstanding the general effective date of this act, this subsection takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. RHOAD spoke in favor of the amendment.
Rep. JENNINGS moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 7 (Doc Name COUNCIL\BBM\AMEND\9531HTC00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 9-9-50(4) of the 1976 Code, as last amended by Act 439 of 1998, is further amended to read:
"(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service, at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, provided he was discharged or separated from the military service under conditions other than dishonorable, and upon paying to the system, by a single payment before his retirement or death or by such other method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his becoming a member of the General Assembly the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. No member shall receive credit for more than six years of military service. Military service includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment for each year of service credited. The prohibition on duplication of benefits applicable to credit established for federal employment pursuant to Section 9-1-1140 also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system provided in this title. A member of the General Assembly may establish service credit in the system for the same types of service, at the same cost, and under the same conditions, as members of the South Carolina Retirement System may establish service in the South Carolina Retirement System pursuant to Section 9-1-1140." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
The amendment was then adopted.
Rep. HAYES proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\AMEND\21273SD00), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Section 9-1-1795(B) of the 1976 Code, as added by 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 School districts must notify the State Board Department of Education of the engagement of a retired member as a teacher because no qualified nonretired member is available for employment in the position, 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."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAYES explained the amendment.
Rep. RISER spoke against the amendment.
Rep. HAYES spoke in favor of the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 8 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE HASKINS overruled the Point of Order.
The amendment was then adopted.
Rep. RISER moved to adjourn debate on the Bill until Thursday, May 4, which was agreed to.
The following Bill was taken up:
S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington, Reese, Patterson, Courson, Moore, Holland, Saleeby, Giese, McGill, Jackson, Ford, Short, Land and Anderson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3832MM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 34 of the 1976 Code is amended by adding:
Section 34-43-10. This chapter may be cited as the South Carolina Community Economic Development Act.
Section 34-43-20. As used in this chapter:
(1) 'Department' means the South Carolina Department of Commerce.
(2) 'Community development corporation' means a nonprofit corporation which:
(a) is chartered pursuant to Chapter 31, Title 33;
(b) is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 as amended;
(c) has a primary mission of developing and improving low-income communities and neighborhoods through economic and related development;
(d) has activities and decisions initiated, managed, and controlled by the constituents of those local communities;
(e) has a primary function of developing projects and activities designed to enhance the economic opportunities of the people in the community served, including efforts to enable them to become owners and managers of small businesses and producers of affordable housing and jobs in the community served;
(f) does not provide credit, capital, or other assistance from public funds in an amount greater than twenty-five thousand dollars at one time or in one transaction. The department may adjust that dollar amount in the manner provided in Section 37-1-109; and
(g) is not a nonprofit organization with the sole purpose of providing housing to neighborhoods or technical assistance to other nonprofit organizations.
(3) 'Community development financial institution' means an organization that:
(a) has a primary mission of promoting community development by providing credit, capital, or development services to small businesses or home mortgage assistance to individuals, including, but not limited to, capital access programs, microlending, franchise financing, and guaranty performance bonds;
(b) maintains, through representation on its governing board, accountability to persons in need of the institution's services;
(c) is not an agent or instrumentality of the United States, or of a state or political subdivision of a state nor maintains an affiliate relationship with any of them;
(d) maintains a goal of providing a majority of its services to low-income individuals, minorities, females, or rural areas;
(e) provides capital and technical assistance to small and micro businesses, or mortgage assistance to individuals;
(f) does not provide credit, capital, or other assistance in an amount greater than two hundred fifty thousand dollars at one time or in one transaction. That dollar amount may be adjusted in the manner provided in Section 37-1-109;
(g) has been certified or recertified as a community development financial institution as provided in this chapter; and
(h) may be a federally-chartered or state-chartered financial institution holding company which qualifies as a community development financial institution only if the holding company and the subsidiaries and affiliates of the holding company collectively satisfy the requirements of this section.
(4) 'Low income' means an income level that falls within the eightieth percentile of the mean income for a family of similar size within this State.
(5) The term 'invest' includes an advance of funds to a community development corporation or a community development financial institution.
Section 34-43-30. (A) The department may use a portion of funds appropriated for carrying out the provisions of this chapter to contract with an appropriate entity or entities to assist in carrying out its duties and responsibilities pursuant to this chapter. These duties and responsibilities include, but are not limited to:
(1) certifying entities as community development corporations and community development financial institutions;
(2) administering grants and loans to community development corporations and community development financial institutions from grant funds made available to it by the General Assembly for that purpose; and
(3) providing technical support to assist community development corporations served pursuant to this section in developing their organizational capacity and implementing their projects successfully.
(B) The department shall make an annual report to the General Assembly regarding the grants and loans administered and tax credits given pursuant to this chapter.
Section 34-43-40. (A) The department shall establish criteria for the certification of an entity as a community development corporation and as a community development financial institution consistent with the requirements of this chapter.
(B) Application for certification must be in writing under oath and in the form prescribed by the department. It must contain the information the department requires, including names and addresses of the partners, officers, directors or trustees, and those principal owners or members who provide the basis for investigations and findings contemplated by subsection (C). At the time of making the application, the applicant must pay to the department a fee for investigating the application, as prescribed by the department, in an amount sufficient to defray the department's costs of investigating the applicant.
(C) Upon the filing of the application and payment of the fees, the department shall investigate the facts concerning the application and the requirements of either Section 34-43-20(2) or (3).
(D) Certification of a community development corporation or a community development financial institution expires two years from the date of certification. This certification may be renewed for additional two-year periods upon application by the corporation or institution and approval by the department.
(E) A community development corporation and a community development financial institution shall file with the department, on or before the anniversary date of its certification, an annual report for the preceding calendar year. The report must give information about its financial condition, and must include balance sheets for the beginning and end of the accounting period, a statement of income and expenses for the period, a reconciliation of surplus with the balance sheets, a schedule of assets used by and useful for the corporation or the institution to conduct its business, an analysis of charges, size and type of loans, and other relevant information in form and detail as the department prescribes. The report must be made under oath and in the form prescribed by the department, which shall make and publish annually an analysis and recapitulation of the reports for inclusion in its annual report to the Governor and General Assembly as provided in Section 34-43-30(B).
(F) The department may not renew certification of a corporation or an institution unless it continues to comply with the regulations of the department and provisions of Section 34-43-20(2) or (3).
(G) The department may revoke the certification of a corporation or an institution upon a finding that the corporation or institution does not comply with the provisions of Section 34-43-20(2) or (3).
(H) The department shall serve a notice of intent not to grant certification, intent not to renew certification, or intent to revoke certification upon the corporation or institution with a brief statement of the reasons alleged. The corporation or institution may request a hearing within thirty days of receiving notice by filing a request for a hearing with the department. The hearing must be held in accordance with Article 3, Chapter 23, Title 1, the Administrative Procedures Act.
(I) A taxpayer may not claim the tax credit provided for in Section 12-6-3530 unless the corporation or institution in which the investment is made is certified by the department at the time the investment is made. A taxpayer who invested in good faith in a certified corporation or institution may claim the credit provided in Section 12-6-3530 notwithstanding the fact that the certification is later revoked or not renewed by the department.
Section 34-43-50. (A) The department shall establish and implement criteria for grants and loans to community development corporations and community development financial institutions. The criteria must require that the applicant demonstrate a capacity to engage in community development projects and sufficient organizational structure to ensure proper management. However, if the applicant is created after the effective date of this section, the applicant must present a strategic plan for community development projects and show evidence of developing an organizational structure which ensures proper management.
(B) The total amount of grants and loans administered pursuant to this chapter may not exceed in the aggregate, five million dollars for all recipients and all tax years, and one million dollars for all recipients in one tax year.
(C) A single community development corporation or community development financial institution may not receive more than ten percent of the total amount of grants and loans funds administered pursuant to this chapter in any one tax year.
(D) The department may receive funds from, among other sources, state appropriations and private contributions."
SECTION 2. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3530. (A) A taxpayer may claim as a credit against his state income tax, bank tax, or premium tax liability thirty-three percent of all amounts invested in a community development corporation or in a community development financial institution, as defined in Section 34-43-20(2) or (3).
To qualify for this credit the taxpayer must obtain a certificate from the South Carolina Department of Commerce certifying that the entity into which the funds are invested is a community development corporation or a community development financial institution within the meaning of Section 34-43-20(2) or (3) and certifying that the credit taken or available to that taxpayer will not exceed the aggregate five million dollar limitation of all those credits as provided in subsection (B) when added to the credits previously taken or available to other taxpayers making similar investments. A taxpayer who invested in good faith in a certified corporation or institution may claim the credit provided in this section, notwithstanding the fact that the certification is later revoked or not renewed by the department .
(B) The total amount of credits allowed pursuant to this section may not exceed, in the aggregate, five million dollars for all taxpayers and all taxable years and one million dollars for all taxpayers in one taxable year.
(C) A single community development corporation or community development financial institution may not receive more than twenty-five percent of the total tax credits authorized pursuant to this section in any one taxable year.
(D) The department shall monitor the investments made by taxpayers in community development corporations and community development financial institutions as permitted by this section and shall perform the functions as provided in subsection (A) above.
(E) If the amount of the credit determined, pursuant to subsection (A), exceeds the taxpayer's state tax liability for the applicable taxable year, the taxpayer may carry over the excess to the immediately succeeding taxable years. However, the credit carry-over may not be used for a taxable year that begins on or after ten years from the date of the acquisition of stock or other equity interest that is the basis for a credit pursuant to this section. The amount of the credit carry-over from a taxable year must be reduced to the extent that the carry-over is used by the taxpayer to obtain a credit provided for in this section for a later taxable year.
(F) Notwithstanding the provisions of subsections (A), (B), (C), (D), and (E) above, if on April 1, 2001, or as soon after that as the department is able to determine, the total amount of tax credits which may be claimed by all taxpayers exceeds the total amount of tax credits authorized by this section, the credits must be determined on a pro rata basis. For purposes of this subsection, a community development corporation or community development financial institution for which an investment may be claimed as a tax credit pursuant to this section must report all investments made before April 1, 2001, to the department by April 1, 2001, which shall inform, as soon as reasonably possible, all community development corporations and community development financial institutions of the total of all investments in all institutions and corporations as of April 1, 2001.
(G) If stock or another equity interest that is the basis for a credit provided for in this section is redeemed by the community development corporation or the community development financial institution within five years of the date it is acquired, the credit provided by this section for the stock or other equity interest is disallowed, and credit previously claimed and allowed with respect to the redeemed stock or other equity interest must be paid to the Department of Revenue with the appropriate return of the taxpayer covering the period in which the redemption occurred. When payments are made to the Department of Revenue pursuant to this section, the amount collected must be handled as if no credit had been allowed.
(H) To receive the credit provided by this section, a taxpayer shall:
(1) claim the credit on his annual state income or premium tax return as prescribed by the Department of Revenue; and
(2) file with the Department of Revenue and with his annual state income or premium tax return a copy of the form issued by the department as to the stock or other equity interest that is the basis for a credit claimed pursuant to this section, by the taxpayer, including an undertaking by the taxpayer to report to the Department of Revenue a redemption of the stock or other equity interest by the community development corporation or the community development financial institution.
(I) The department shall complete forms prescribed by the Department of Revenue which must show as to each stock or other equity interest in a community development corporation or a community development financial institution that is the basis for a credit pursuant to this section:
(1) the name, address, and identification number of the taxpayer who acquired the stock or other equity interest; and
(2) the nature of the stock or other equity interest acquired by the taxpayer and the amount advanced for it.
These forms must be filed with the Department of Revenue on or before the fifteenth day of the third month following the month in which the stock or other equity interest is acquired. Copies of the forms to be provided to the Department of Revenue must be mailed to the taxpayer on or before the fifteenth day of the second month following the month in which the acquisition is made.
(J) A taxpayer may not claim the tax credit provided in this section unless the community development corporation or community development financial institution in which the investment is made has been certified at the time the investment is made.
(K) If the community development financial institution in which the investment is made is a tax-exempt nonprofit corporation, the tax credit provided in this section is not allowed if the taxpayer claims the investment as a deduction pursuant to Section 170 of the Internal Revenue Code.
(L) Banks and financial institutions chartered by the State of South Carolina may invest in community development corporations and community development financial institutions incorporated pursuant to the laws of this State, up to a maximum of ten percent of a chartered bank or financial institution's total capital and surplus."
SECTION 3. The department shall contract for a performance audit at the end of the fourth year of implementation of this chapter.
SECTION 4. Unless reauthorized by the General Assembly, the provisions of this chapter shall terminate on June 30, 2005 and this chapter and all other laws and regulations governing, authorizing, and otherwise dealing with community development corporations and community development financial institutions are deemed repealed on that date.
SECTION 5. This act takes effect upon approval of the Governor, except that Section 2 applies to tax years beginning after 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. R. SMITH explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Barrett Battle Bowers Breeland Brown, G. Brown, J. Carnell Cato Clyburn Cobb-Hunter Cotty Davenport Delleney Edge Emory Fleming Gamble Gilham Gourdine Govan Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Jennings Keegan Klauber Knotts Lanford Lee Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Rhoad Rice Riser Robinson Rodgers Rutherford Scott Seithel Sharpe Sheheen Smith, D. Smith, J. Smith, R. Stuart Taylor Townsend Tripp Vaughn Walker Whatley Whipper Wilder Wilkes Wilkins
Those who voted in the negative are:
Barfield Brown, H. Chellis Cooper Dantzler Easterday Frye Hamilton Hinson Kelley Kirsh Koon Law Leach Loftis Meacham-Richardson Sandifer Simrill Stille Witherspoon Woodrum Young-Brickell
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4703 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO INTENTIONALLY TAKE WILDLIFE INSIDE AN ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF WILDLIFE; TO PROVIDE AN EXCEPTION FOR ENCLOSURES REGISTERED WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Rep. PERRY proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\AMEND\5161DJC00), which was tabled:
Amend the bill, as and if amended, Section 50-11-100(C), as contained in SECTION 1, by striking subsection (C) in its entirety and inserting:
/ (C)(1) This section does not apply to enclosures registered with the department within thirty days after the effective date of this section until July 1, 2010, provided the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure. After June 30, 2010, it is unlawful to hunt wildlife with a weapon inside a registered enclosure which prevents or materially impedes the free range of the species of the wildlife being hunted.
(2) After an enclosure is registered with the department, the owner may not increase or decrease the enclosed area. The owners may make repairs necessary for the care and maintenance of the enclosure provided the repairs do not have the effect of increasing or decreasing the enclosed area. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. PERRY explained the amendment.
Rep. WITHERSPOON moved to table the amendment, which was agreed to.
Rep. WITHERSPOON proposed the following Amendment No. 6 (Doc Name COUNCIL\SWB\AMEND\5208DJC00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION __. Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-1145. Notwithstanding any other provision of law, and at any time during the year, the owner, lessee, or person in lawful possession of land whereon an enclosure for running rabbits with dogs has been erected may trap fox, wildcat, bobcat, wolf, coyote, skunk, raccoons, and any other predatory animal within the enclosure when using a cage-type trap that does not injure or kill the animal. No pole-top trap, steel trap, foot-hold trap, rubber padded trap, body gripping trap, or trap that injures or kills an animal may be used to remove predatory animals from an enclosure, and all animals trapped in a cage-type trap must be released back into the wild unharmed at another location." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Reps. JENNINGS, WILKES and SHARPE proposed the following Amendment No. 7 (Doc Name SWB\AMEND\5205DJC00), which was adopted:
Amend the bill, as and if amended, Section 50-11-100, as contained in SECTION 1 by striking subsection (A) in its entirety and inserting:
/(A) Except as provided in this section, it is unlawful to hunt deer with a weapon inside an enclosure which prevents or materially impedes the free range of the deer being hunted. /
Amend the bill further, Section 50-11-100, as contained in SECTION 1, page 2, line 3, by striking subsection (C) and inserting:
/(C)(1) This section does not apply to enclosures registered with the department within thirty days after the effective date of this section, provided the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure.
(2) Except as provided in item (3), after an enclosure is registered with the department, the owner may expand but may not decrease the enclosed area. The owner may make repairs necessary for the care and maintenance of the enclosure.
(3) Expansion of a registered enclosure of less than eight hundred acres is limited to an aggregate of up to fifteen percent of the area of the enclosure as of the time the enclosure was registered. Expansion of a registered enclosure of eight hundred acres or more may not exceed an aggregate of four hundred acres. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
Rep. PERRY moved to table the amendment, which was rejected.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barrett Battle Bowers Breeland Brown, H. Carnell Cato Chellis Cobb-Hunter Cooper Dantzler Delleney Edge Emory Frye Gamble Gilham Govan Harrell Harris Harrison Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Howard Inabinett Jennings Keegan Kelley Kirsh Klauber Koon Lanford Law Leach Lee Limehouse Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Simrill Smith, J. Smith, R. Stille Stuart Taylor Townsend Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Brown, G. Campsen Davenport Easterday Hamilton Harvin Littlejohn Rhoad Sheheen Walker
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4753 (Word version) -- Reps. Altman, Robinson, Barfield, Cato, Gilham, Leach, Limehouse, Littlejohn, McGee, Meacham-Richardson, Rhoad, Riser, Stille, Young-Brickell, Loftis, Easterday and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3525 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO PUBLIC SCHOOLS FOR SCHOOL SUPPORT AND TO NONPROFIT SCHOLARSHIP FUNDING ORGANIZATIONS THAT PROVIDE SCHOLARSHIPS FOR CHILDREN TO ATTEND A SCHOOL OF THEIR CHOICE.
Rep. VAUGHN proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\21294SD):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 12-6-3600. (A) The purpose of this section is to:
(1) provide tax credits for certain contributions to a nonprofit scholarship funding organization or to a public school nonprofit foundation;
(2) expand educational opportunities for children of families that have limited financial resources; and
(3) enable children in this State to achieve a greater level of excellence in their education.
(B) In enacting this section, the General Assembly recognizes diversity among children and affirms that every child is unique. The General Assembly also affirms that children learn differently from one another and may benefit from expanded educational opportunities.
(C) It is the intent of the General Assembly that freedom of religion of all citizens is inviolate and that nothing in this section be construed to cause excessive governmental entanglement with the religious instruction of a nongovernment school. With respect to a nongovernment school, nothing in this section gives a governmental agency authority to regulate, control, supervise, or in any way be involved in the:
(1) form, manner, or content of religious instruction, ministry, teaching, or curriculum offered by the nongovernment school;
(2) ability of the nongovernment school to select and supervise qualified personnel and otherwise control the terms of employment, including the right to employ individuals who share the religious views of the school;
(3) internal self-governance and autonomy of the nongovernment school; or
(4) religious environment of the nongovernment school, such as symbols, art, icons, and scripture.
(D) As used in this section:
(1) 'Eligible school' means a K-12 public school in this State. It also means a nongovernment funded, managed, and operated primary or secondary school that:
(a) offers a general education to primary or secondary school students;
(b) does not discriminate on the basis of race, color, or national origin; and
(c) is located in this State.
(2) 'Nonprofit scholarship funding organization' means a charitable organization that:
(a) is exempt from federal tax under Section 501(a) of the Internal Revenue Code by being listed as an exempt organization in Section 501(c)(3) of the code;
(b) allocates, after its first year of operation, a majority of its annual contributions and revenue received to provide grants for tuition, transportation, or textbook expenses or any combination thereof to children enrolled in an eligible nongovernment school; provided that if its annual contributions and revenues received in any year exceed three hundred thousand dollars, at least eighty percent of these contributions and revenues must be used to provide such grants;
(c) allocates at least seventy-five percent of its funds used for grants on an annual basis to children who are eligible for the federal free or reduced lunch program; and
(d) does not provide grants solely for the benefit of one school, and if the Department of Revenue determines that the nonprofit scholarship funding organization is providing grants to one school to the exclusion of other schools in a particular area which would also like to enroll such students, the tax credit allowed by this section may be disallowed.
(3) 'Person' means an individual, partnership, corporation, or other similar entity.
(4)'Transportation' means transportation to and from school only.
(E) The tax credits allowed by this section may be applied against any tax imposed by this chapter or against insurance premium taxes or bank license fees.
(F) A person is entitled to a tax credit under this section for the amount of money up to the limits of this section if the person contributes to nonprofit foundation for K-12 public schools if the contribution is used to provide school or student support of an academic nature not provided by public funding sources including, but not limited to, textbook fees, academic fees, tutoring services, tuition required to attend schools in other districts, special transportation needs, and other types of academic support provided:
(1) the support does not relate to improvements to or for the purchase of real property; and
(2) students who are eligible for the federal free or reduced lunch program receive directly or indirectly at least seventy-five percent of such support on an annual basis.
(G) A person is also entitled to a tax credit under this section for the amount of money up to the limits of this section the person contributes to a nonprofit scholarship funding organization if:
(1) the contribution is used to provide grants for tuition, transportation, or textbook expenses or any combination thereof to children enrolled in eligible nongovernment schools; and
(2) the person does not designate a specific child or school as the beneficiary of the contribution.
(H) Grants shall be awarded by the nonprofit scholarship funding organization on a needs basis by using applicable federal forms and procedures to determine the ability of the child and the child's family to contribute to the cost of the child's tuition and expenses. Grants given by the organization must provide at least sixty percent of the remaining costs of attendance after deducting the estimated contribution of the child and the child's family and after considering any other tuition assistance available to the family.
(I)(1) The tax credits authorized by this section may not exceed one hundred dollars for calendar year 2001, two hundred dollars for calendar year 2002, three hundred dollars for calendar year 2003, four hundred dollars for calendar year 2004, and five hundred dollars for calendar year 2005 and thereafter.
(2) Taxpayers who elect to file a joint return for any year are together limited to the amounts specified by item (1) above, and if a husband and wife file separate returns for any year, they each may only claim one-half of the tax credit that would have been allowed for a joint return for the year.
(3) The tax credits allowed by this section are in lieu of any State of South Carolina charitable contribution deductions that could have been taken on the applicable return in regard to the contribution.
(4) The person must apply for a credit under this section on or with the tax return for the period for which the credit is claimed.
(5) The Department of Revenue shall prescribe the form and manner of proof required to obtain the credit authorized by this section.
(6) A person may claim a credit under this section for a contribution during a particular period only against the tax owed for the corresponding period.
(7) If the allowable tax credit of a taxpayer exceeds the taxes otherwise due or if there are no taxes due, or if a contribution exceeds the allowable tax credit for any year, the excess may be carried forward for a period not exceeding five consecutive years.
(J) A corporation or entity entitled to a credit under this section may not convey, assign, or transfer the credit authorized by this section to another entity unless all of the assets of the entity are conveyed, assigned, or transferred in the same transaction."
SECTION 2. This act takes effect upon approval by the Governor and applies to contributions authorized by Section 12-6-3600 made on or after January 1, 2001. /
Renumber sections to conform.
Amend title to read:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT FOUNDATIONS FOR PUBLIC SCHOOLS FOR SCHOOL AND STUDENT SUPPORT AND TO NONPROFIT SCHOLARSHIP FUNDING ORGANIZATIONS THAT PROVIDE GRANTS FOR CHILDREN, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED GRANTS, TO ATTEND NONGOVERNMENT FUNDED, MANAGED, AND OPERATED SCHOOLS OF THEIR CHOICE, AND TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF THESE INCOME TAX CREDITS. /
Rep. VAUGHN explained the amendment.
The SPEAKER PRO TEMPORE granted Rep. LOURIE a temporary leave of absence to attend a Senate Transportation Committee meeting.
Rep. SCOTT raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE HASKINS overruled the Point of Order.
Rep. VAUGHN continued speaking.
Rep. VAUGHN spoke in favor of the amendment.
Rep. VAUGHN moved to adjourn debate on the Bill until Thursday, May 4, which was agreed to.
Rep. ROBINSON moved to adjourn debate upon the following Bill until Thursday, May 4, which was adopted:
S. 934 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Rankin and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-144 SO AS TO PROVIDE THAT THERE IS NO PERSONAL INJURY PROTECTION (PIP) COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF SOUTH CAROLINA, AND PROVIDE THAT IF AN INSURER SELLS NO-FAULT INSURANCE COVERAGE WHICH INCLUDES PERSONAL INJURY PROTECTION, MEDICAL PAYMENT COVERAGE, OR ECONOMIC LOSS COVERAGE, SUCH COVERAGE SHALL NOT BE ASSIGNED OR SUBROGATED AND IS NOT SUBJECT TO A SETOFF.
The following Bill was taken up:
S. 304 (Word version) -- Senators Hayes and Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, AND THE STATE BOARD OF MEDICAL EXAMINERS, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF DIETETICS; TO ESTABLISH THE COMMITTEE OF DIETETICS AS AN ADVISORY COMMITTEE TO THE BOARD AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH FEES; AND TO PROVIDE PENALTIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11987AC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 47, Title 40 of the 1976 Code is amended by adding:
"Section 40-47-805. This article may be cited as the 'South Carolina Dietetics Practice Act.'
Section 40-47-810. The General Assembly recognizes that the practice of dietetics (Medical Nutrition Therapy) in South Carolina affects the public health, safety and welfare and should be subject to regulation and control in the public interest to protect the public from the unauthorized and unqualified practice of dietetics and from unprofessional conduct by persons licensed to practice dietetics. However, restrictions must be imposed to the extent necessary to protect the public from significant and discernible danger to health and yet not in such a manner which will unreasonably affect the competitive market.
Section 40-47-815. As used in this chapter:
(1) 'Advisory panel' means the Advisory Panel for Dietetics under the department.
(2) 'Approved dietetic school' means a facility which meets minimum standards for training and curriculum as determined by regulations of the department.
(3) 'Department' means the South Carolina Department of Labor, Licensing and Regulation.
(4) 'Director' means the director of the department or their designee.
(5) 'Disciplinary panel' means the Disciplinary Panel for Dietetics under the department.
(6) 'Dietetics' or 'nutrition' means the integration and application of principals derived from the science of nutrition, biochemistry, physiology, food and management and from behavioral and social sciences to achieve and maintain a healthy status. The primary function of dietetic practice is the provision of nutrition care services.
(7) 'Licensure' means the procedure by which a person applies to the department and is granted approval to practice dietetics.
(8) 'Licensed dietitian' means an individual licensed in good standing to practice dietetics or nutrition pursuant to the provisions of this article. For purposes of this article, 'dietitian' is synonymous with 'nutritionist'.
(9) 'Nutrition care services' or 'medical nutrition therapy' means any part of all of the following: assessing the nutritional needs of individuals and groups and determining resources and constraints in the practice setting; establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and financial constraints; providing nutritional counseling in health and disease prevention; developing, implementing, and managing nutrition care systems; evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services; and transcribing a verbal order into patient records for cosignature by the ordering physician and implementing of the physician's written and verbal orders which pertain to the practice of dietetics, if this practice is specifically authorized by the medical director and the health care facility. In the delivery of dietetic home care this practice must be authorized specifically by the physician sponsor.
'Nutrition care services' does not include the retail sale of food products or vitamins and minerals.
Section 40-47-820. Individuals holding themselves out to be dietitians and nutritionists employed to provide dietetic and medical nutrition therapy for inpatients, outpatients, and home patients must be licensed in accordance with this article.
Section 40-47-825. This article does not apply to:
(1) a health care professional who is licensed by the State and is working within his or her scope of practice, or who by passage of an examination certified by the National Council of Health certifying agencies has proven to be competent in one or more of the functions included in the definition of dietetics or medical nutrition therapy, as long as the person does not represent himself of herself as a dietitian or nutritionist;
(2) a dietitian serving in the armed forces of the public health service of the United States or employed by the Department of Veterans Affairs when performing duties associated with that service or employment;
(3) a student or trainee working under the direct supervision of a licensed dietitian while fulfilling an experience requirement or pursuing a course of study to meet requirements for licensure, for a limited period of time as determined by the department;
(4) a person aiding the practice of dietetics, if the person works under the direct supervision of a licensed dietitian and performs only support activities that do not require formal academic training in the basic food, nutrition, chemical, biological, behavioral and social sciences that are used in the practice of dietetics;
(5) an employee of or a person who contracts with the State, a political subdivision of the State, or a local school administrative unit while engaged in the practice of dietetics within the scope of that employment;
(6) a retailer who does not hold himself out to be a dietitian when that retailer furnishes nutrition information to customers on food, food materials, dietary supplements, and other goods sold at his retail establishment, in connection with the marketing and distribution of those goods;
(7) a person who provides weight control services, provided a dietitian registered by the Commission on Dietetic Registration of the American Dietetic Association or a dietitian licensed in another state that has licensure requirements that are equivalent to the requirements in this State:
(a) has reviewed the service;
(b) is available for consultation; and
(c) approves a change in the service prior to its initiation.
(8) an employee or independent contractor of a hospital or health care facility licensed by this State;
(9) an herbalist, or other person who does not hold himself or herself out to be a dietitian, when that person furnishes nutritional information on food, food materials, or dietary supplements or when that person furnishes nonfraudulent, specific nutritional information and counseling about reported or historical use of herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates or other foods.
Section 40-47-830. Nothing in this article may be construed to require direct third-party reimbursement to persons licensed under this article.
Section 40-47-835. (A) There shall be created under the department's Division of Professional and Occupational Licensing, and advisory panel and a disciplinary panel for dietetics. Members shall be appointed by the Governor. Nominations for appointments to the advisory or disciplinary panel may be submitted to the Governor from any individual, group or association. A vacancy on either panel must be filled in the manner of the original appointment for the remainder of the unexpired term. No member may serve more than two full terms. The Governor may remove a member of either panel in accordance with Section 1-3-240.
(B) Members of the advisory and disciplinary panels must be compensated for their services as provided for in Section 40-1-50(A). Panel members must be dietitians registered by the American Dietetic Association and must have been engaged in the practice of dietetics for not fewer than three consecutive years before appointment and must practice in this State except that panel members who are appointed from the general public may not be associated in any way with the practice of dietetics, nutrition care services, or medical nutrition therapy.
(C) Each panel will annually elect a chairman to preside and represent the panel as may be necessary. Each panel shall meet upon the call of the director. A majority of the members of each panel constitutes a quorum; however, if there is a vacancy, a majority of the members serving constitutes a quorum. Panel members are required to attend meetings or to provide proper notice and justification of inability to do so. Unexcused absences from meetings may result in removal as provided for in Section 1-3-240.
Section 40-47-840. (A) The Dietetics Advisory Panel will consist of six members, one of whom must be:
(1) a professional whose primary practice is clinical dietetics;
(2) a professional whose primary practice is community or public health dietetics;
(3) a professional whose primary practice is consulting;
(4) a professional whose primary practice is in management of nutritional services; and
(5) two members appointed from the general public.
(B) Members serve a term of four years and until the successors are appointed.
(C) The duties of the advisory panel are to advise the department in the development of regulations, statutory revisions, and such other matters as the department may request in regard to the administration of this chapter.
(D) Final decisions in all matters rest with the director.
Section 40-47-845. (A) The Disciplinary Panel will consist of three members, one of whom must be:
(1) an educator on the faculty of a college or university, specializing in the field of dietetics;
(2) a dietitian who serves coterminously with the Governor;
(3) a member of the general public.
(B) Members serve a term of four years and until their successors are appointed.
(C) The disciplinary panel is responsible for advising the department concerning matters relating to violations of this chapter. The panel will conduct hearings and, on the basis of the findings thereof, recommend disciplinary action to the director for final decision and order.
Section 40-47-850. (A) The director may employ and establish compensation for personnel the director considers necessary and appropriate for the administration of this chapter.
(B) Duties must be prescribed by the director and may include, but are not limited to:
(1) maintaining and preserving records;
(2) receiving and accounting for all monies received by the department;
(3) issuing necessary notices to licenses;
(4) determining the eligibility of applicants for examination and licensure;
(5) licensing and renewing the licenses of qualified applicants;
(6) promulgating regulations to carry out this chapter including, but not limited to, establishing a code of ethics to govern the conduct and practices of persons licensed under this chapter; and
(7) where appropriate, preparing, administering, and grading the examination or contracting for the preparation, administration or grading of the examination.
Section 40-47-855. The department shall prepare and submit an annual report on the administration of this chapter in accordance with Section 40-1-50.
Section 40-47-860. The department shall keep a record and a registry in accordance with Section 40-1-50.
Section 40-47-865. The department shall prepare and publish a roster in accordance with Section 40-1-50.
Section 40-47-870. The department shall charge and collect the following fees:
(1) dietetics application and initial licensing fee of one hundred fifty dollars;
(2) biennial dietetics licensure renewal fee of one hundred and twenty dollars;
(3) initial inactive license status fee of one hundred dollars;
(4) biennial renewal fee for inactive status of one hundred dollars;
(5) reinstatement fee of fifty dollars for renewals received after September 30 but before November 1; and
(6) replacement fee of ten dollars for replacing a license.
Fees may be adjusted by the director to ensure that they are sufficient, but not excessive to cover the costs to the state for the operation of the dietetics program. All fees are nonrefundable.
Section 40-47-875. The department has jurisdiction over the actions committed or omitted by current and former licensees during the entire period of licensure. The department has jurisdiction to act on any matter which arises during the practice authorization period.
Section 40-47-880. No person may practice dietetics without a license issued in accordance with this chapter. A person licensed by the State under this title or any other provision of law whose scope of practice overlaps with the practice of dietetics is not also required to be licensed under this chapter unless the person holds himself out to be a practitioner of dietetics.
Section 40-47-885. To be licensed by the department as a dietitian a person must:
(1) have successfully completed the requirements for current registration as a registered dietitian by the Commission on Dietetic Registration; or
(2) where appropriate, has passed an examination as prescribed by the department and has received a post-baccalaureate degree from a regionally accredited college or university or a master's degree in human nutrition, nutrition education, foods and nutrition, public health nutrition, or an equivalent major course of study as approved by the department.
Section 40-47-890. An applicant for licensure who has obtained his or her education outside of the United States and its territories must meet the requirements for current registration as registered dietitian by the Commission on Dietetic Registration.
Section 40-47-895. An applicant for licensure must be made in writing under oath on a form prescribed by the department and accompanied by all applicable fees.
Section 40-47-900. (A) If an applicant satisfied the licensure requirements and pays the applicable fees as provided for in this chapter, the department shall issue a license to the applicant. A license is a personal right and not transferable and the issuance of a license is evidence that the licensee is entitled to all rights and privileges of a dietitian while the license remains current and unrestricted.
(B) A person licensed under this chapter shall display the license in a prominent and conspicuous place in the person's place of business and shall include the number of the license in an advertisement of dietetics services appearing in a newspaper, airwave transmission, telephone directory or other advertising medium.
(C) Only a person licensed under this chapter may use the title of dietitian or nutritionist.
Section 40-47-905. The department shall issue a license to a person who holds an active, current, and unrestricted license in another state if the standards for licensure in that state are at least the substantial equivalent to the licensing standards provided for this chapter, and the person satisfies any other requirements the department may prescribe in regulation.
Section 40-47-910. (A) A dietetics license must be renewed biennially and expire on September 30 of the second year. Application for renewal must be accompanied by the fee as provided for in Section 40-47-870. A license which has not been renewed by September 30 is invalid and only may be reinstated upon receipt of a renewal application postmarked before November 1 and accompanied by the biennial license fee and reinstatement fee.
(B) A person requesting inactive licensure must hold a active, current, and unrestricted license issued by the department at the time inactive licensure is requested and agree not to practice dietetics while holding an inactive license. An inactive license may be renewed for up to four years.
Section 40-47-915. The department may deny a license to practice to any applicant who has committed any act that would be grounds for disciplinary action pursuant to this act, or who has been the subject of disciplinary action by another state or jurisdiction, who has failed to comply with a final order of another professional licensure board, or who has failed to demonstrate the basic qualifications or standards for practice authorization contained in the respective licensing act. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the department that he or she meets all of the requirements for the issuance of a license.
Section 40-47-920. The department will suspend the license of any person who submits a check, money draft or similar instrument for payment of a fee which is not honored by the financial institution named. The suspension shall become effective ten days following delivery by certified mail of written notice of the dishonor and the impending suspension to such person's address. Upon notification of suspension, the person may reinstate the authorization upon payment of the fee and penalties required under statute or regulation. Such suspension shall be exempt from the Administrative Procedures Act.
Section 40-47-925. The department will revoke the license of any person found to be in violation of the Family Independence Act as it relates to child support enforcement requirements.
Section 40-47-930. Investigations by the department shall be conducted in accordance with Section 40-1-80.
Section 40-47-935. For the purpose of a proceeding under this chapter, the director or disciplinary panel may administer oaths and upon its own motion or upon request of any party, shall subpoena witnesses, compel witness's attendance, take evidence, and require the production of any matter which is relevant to the investigation including, but not limited to, the existence, description, nature, custody, condition, and location of any books, documents or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the disciplinary panel, the director may apply pursuant to the Administrative Procedures Act to an administrative law judge for an order requiring the person to appear before the disciplinary panel and to produce documentary evidence and give other evidence concerning the matter under inquiry.
Section 40-47-940. (A) When the department has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, in addition to all other remedies, it may order the person to immediately cease and desist from engaging in the conduct. If the person is practicing dietetics without being licensed under this chapter the department also may apply to an administrative law judge for a temporary restraining order prohibiting the unlawful practice. The administrative law judge may issue a temporary restraining order ex parte and the department is not required to:
(1) post a bond;
(2) establish the absence of an adequate remedy at law; or
(3) establish that irreparable damage would result from the continued violation.
The director nor any other employee of the department may be held liable for damages resulting from a wrongful temporary restraining order.
(B) In accordance with the South Carolina Rules of Civil Procedure, the director also may seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated under this chapter.
Section 40-47-945. The director may take disciplinary action against a person who:
(1) used a false, fraudulent or forged statement of document or committed a fraudulent, deceitful, or dishonest act in applying for licensure under this chapter;
(2) has had his license to practice dietetics from another state or jurisdiction canceled, revoked, suspended or otherwise restricted;
(3) has violated a provision of this chapter, a regulation promulgated under this chapter, or an order of the department or the disciplinary panel;
(4) has intentionally or knowingly, directly or indirectly, aided or abetted in the violation or conspiracy to violate this chapter or a regulation promulgated under this chapter;
(5) has intentionally used a fraudulent statement in a document connected to the practice of dietetics or has made false, deceptive or misleading statements in the practice of dietetics or in advertising;
(6) has obtained fees or assisted in obtaining fees under intentionally fraudulent circumstances;
(7) has committed dishonorable, unethical or unprofessional conduct that is likely to deceive, defraud or harm the public;
(8) lacks the professional or ethical competence to practice dietetics;
(9) has been convicted of or has pled guilty to or nolo contendere to a felony or a crime which directly relates to the practice or ability to practice dietetics;
(10) has practiced dietetics while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice dietetics; or
(11) has sustained a physical or mental disability, as determined by a physician, which renders further practice by the licensee dangerous to the public.
Section 40-47-950. When investigating grounds for taking disciplinary action based upon an alcohol or drug addiction, as provided for in Section 40-47-945 or a physical or mental disability, as provided for in Section 40-47-945, the director upon reasonable grounds may:
(1) require an applicant or licensee to submit to a mental or physical examination including a drug test by physicians designated by the director. The results of an examination are admissible in a hearing before the disciplinary panel, notwithstanding a claim of privilege under a contrary rule of law. A person who accepts the privilege of practicing dietetics in this State or who files an application for a license to practice dietetics in this State is deemed to have consented to submit to a mental or physical examination including a drug test and to have waived all objections to the admissibility of the results in a hearing before the disciplinary panel upon the grounds that the results constitute a privileged communication. If an applicant or licensee fails to submit to an examination when requested by the director under this section, unless the failure was due to circumstances beyond the person's control, the director shall enter an order automatically denying or suspending the license pending compliance and further order of the director. An applicant or licensee who is prohibited from practicing under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the director the ability to resume or begin the practice of dietetics with reasonable skill and safety to patients;
(2) obtain records specifically relating to the mental or physical condition of an applicant or licensee who is the subject of an investigation authorized by item (1) and these records are admissible in a hearing before the disciplinary panel, notwithstanding any other provision of law. A person who accepts the privilege of practicing dietetics in this State or who files an application to practice dietetics in this State is deemed to have consented to the disciplinary panel obtaining these records and to have waived all objections to the admissibility of these records constitute a privileged communication. If a licensee or applicant refuses to sign a written consent for the disciplinary panel or director to obtain these records when requested under this section, unless the failure was due to circumstances beyond the person's control, the director shall enter an order automatically denying or suspending the license pending compliance and further order of the disciplinary panel. An applicant or licensee who is prohibited from practicing dietetics under this section must be afforded at reasonable intervals an opportunity to demonstrate to the director the ability to resume or begin the practice of dietetics with reasonable skill and safety to patients.
Section 40-47-955. (A) Upon a recommendation by the disciplinary panel that one or more of the grounds for discipline exists, as provided for in Section 40-47-945 the director may:
(1) issue a public reprimand;
(2) impose a fine not to exceed five hundred dollars;
(3) place the licensee on probation, restrict the license, or suspend the license for a definite or indefinite time and prescribe conditions to be met during probation, restriction or suspension, respectively, including, but not limited to, satisfactory completion of additional education, and supervision or continuing education programs as may be specified; or
(4) permanently revoke the license.
(B) A final order of the department refusing to issue a license to an applicant or of the director disciplining a licensee under this section, except for a private reprimand, is public information.
(C) The department may establish a procedure to allow a licensee who has been issued a public reprimand to petition the department for expungement of the reprimand from the licensee's record.
Section 40-47-960. A licensee who is under investigation for misconduct as defined in Section 40-47-945 for which the director may take disciplinary action may voluntarily surrender his license to the department. The voluntary surrender invalidates the license at the time of its relinquishment, and no person whose license is surrendered voluntarily may practice dietetics until the department reinstates the license. A person practicing dietetics during the period of voluntary license surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of a license may not be considered as an admission of guilt in a proceeding under this chapter. The surrender does not preclude the director from imposing conditions on the acceptance of the proffered surrender and does not preclude the director from taking disciplinary action against the licensee.
Section 40-47-965. A person aggrieved by an action of the department may appeal the decision to an administrative law judge in accordance with the Administrative Procedures Act. Service of a notice of appeal does not stay the director's decision pending completion of the appellate process.
Section 40-47-970. (A) Service of any notice provided for by law upon a nonresident licensed under this chapter or upon a resident who having been licensed, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the director of the department a copy of the notice and any accompanying documents. A copy of the notice, accompanying documents, and a certified copy of the service on the director must be mailed to the licensee at his last known address, return receipt requested. The director shall keep a record of the day of the service of the notice, and the return receipt must be attached to be made a part of the return of service of the notice by the department.
(B) A continuance may be given in any hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard.
Section 40-47-975. (A) A communication, whether oral or written, made on behalf or on behalf of a person, to the director, an investigator or disciplinary panel on matters relating to the discipline of a licensee, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, may be brought against the person, by or on whose behalf the communication is made, except upon proof that the communication was made with malice.
(B) Nothing in this chapter may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor as prohibiting the respondent from normal access to the charges and evidence filed against him as part of due process under the law.
(C) Notwithstanding the provisions of this section, a final order of the director disciplining a licensee is public information as provided for in Section 40-47-955.
Section 40-47-980. (A) It is unlawful for a person not licensed under this article, or whose license has been suspended or revoked by the department:
(1) to hold himself or herself out as a dietitian, nutritionist, licensed dietitian or licensed nutritionist, alone or in combination, or use the letters 'LD,' 'LN,' 'LDN' or any facsimile or combination in any words, letter, abbreviations or insignia;
(2) present as his own license of another;
(3) allow the use of his license by an unlicensed person;
(4) give false or forged evidence to the department in obtaining a license under this chapter;
(5) falsely impersonate another license holder of like or different name;
(6) use or attempt to use a license that has been revoked; or
(7) otherwise violate a provision of this chapter.
(B) The department may institute civil action in the circuit court, in the name of the State, for injunctive relief against any person violating the provisions of this chapter of the regulations or orders of the department or disciplinary panel. For each violation, the court may, in its discretion, impose a fine of no more than one thousand dollars."
SECTION 2. Initial recommendations for appointment to the advisory panel established pursuant to this act must be made within forty-five days after effective date of this act.
SECTION 3. This act takes effect one hundred twenty days after approval of the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. PARKS explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. KIRSH moved to adjourn debate on the Bill.
Rep. SIMRILL moved to table the motion, which was rejected.
The question then recurred to the motion to adjourn debate until Thursday, May 4, which was agreed to.
The following Bill was taken up:
H. 4672 (Word version) -- Reps. Townsend, Allen, Barrett, Clyburn, Gamble, Gourdine, Hayes, Hinson, Jennings, Koon, Maddox, Martin, W. McLeod, Rice, Riser, Sandifer, Stille, Stuart, Taylor, Wilder and Wilkins: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM WORK FOR PARENT-TEACHER CONFERENCES AND PARTICIPATION IN OTHER SCHOOL ACTIVITIES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21222SD00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The General Assembly finds that:
(1) parental involvement influences student development and learning and, therefore, should be viewed as an essential component of the public education system;
(2) parental involvement and momentum for parental participation is evident for early childhood and elementary schools but declines in middle and high schools;
(3) there does not appear to be an accountability mechanism in place to ensure support for parental involvement opportunities;
(4) there is no structured system to enable, support, and sustain parental involvement at the various levels of state, district, or school responsibility;
(5) barriers and challenges cited in research and expressed by educators and parents can be overcome through a variety of proven approaches identified in the research; and
(6) there is no state system for providing professional development to teachers and school staff in working with parents and diversity of families, and there is no system for monitoring and assessing parental involvement efforts and results.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-28-100. This chapter may be cited as the 'Parental Involvement in their Children's Education Act'.
Section 59-28-110. It is the purpose of the General Assembly in this chapter to:
(1) heighten awareness of the importance of parents' involvement in the education of their children throughout their schooling;
(2) encourage the establishment and maintenance of parent-friendly school settings; and
(3) emphasize that when parents and schools work as partners a child's academic success can best be assured.
Section 59-28-120. The Governor shall require state agencies that serve families and children to collaborate and establish networks with schools to heighten awareness of the importance of parental influence on the academic success of their children and to encourage and assist parents to become more involved in their children's education.
Section 59-28-130. The State Board of Education shall:
(1) require school and district long-range improvement plans required in Section 59-139-10 to include parental involvement goals, objectives, and an evaluation component;
(2) recognize districts and schools where parental involvement significantly increases beyond stated goals and objectives; and
(3) establish criteria for staff training on school initiatives and activities shown by research to increase parental involvement in their children's education.
Section 59-28-140. The State Superintendent of Education shall:
(1) design parental involvement and best practices training programs in conjunction with higher education institutions and the pre-K through grade 12 education community, including parental program coordinators, which shall include:
(a) practices that are responsive to racial, ethnic, and socio-economic diversity, and are appropriate to various grade-level needs;
(b) establishment and maintenance of parent-friendly school settings;
(c) awareness of community resources that strengthen families and assist students to succeed; and
(d) other topics appropriate for fostering partnerships between parent and teacher;
(2) work collaboratively with the Commission on Higher Education to incorporate parental involvement training into teacher preparation and principal preparation programs consistent with the training provided in subsection (1) of this section.
Section 59-28-150. The State Superintendent of Education shall:
(1) promote parental involvement as a priority for all levels from pre-K through grade 12, with particular emphasis at the middle and high school levels where parental involvement is currently least visible;
(2) designate a Department of Education staff position whose specific role is to coordinate statewide initiatives to support school and district parental involvement;
(3) collect and disseminate to districts and schools practices shown by research to be effective in increasing parental involvement at all grade levels;
(4) provide parental involvement staff development training for district and school liaisons, as needed;
(5) provide technical assistance relating to parental involvement training to districts and schools;
(6) sponsor statewide conferences on best practices;
(7) identify, recommend, and implement ways to integrate programs and funding for maximum benefit to enhance parental involvement;
(8) enroll the Department of Education as a state member of national organizations which promote proven parental involvement frameworks, models, and practices and provide related services to state and local members;
(9) promote and encourage local school districts to join national parental involvement organizations; and
(10) monitor and evaluate parental involvement programs statewide by designing a statewide system which will determine program effectiveness and identify best practices and report evaluation findings and implications to the General Assembly, State Board of Education, and Education Oversight Committee.
Section 59-28-160. Each local school board of trustees shall:
(1) consider joining national organizations which promote and provide technical assistance on various proven parental involvement frameworks and models;
(2) incorporate, where possible, proven parental involvement practices into existing policies and efforts;
(3) adopt policies that emphasize the importance, strive to increase, and clearly defined expectations for effective parental involvement practices in the district schools;
(4) provide for all faculty and staff, no later than the 2002-2003 school year, parental involvement orientation and training through staff development with an emphasis on unique school and district needs and after that, on an ongoing basis as indicated by results of evaluations of district and school parental involvement practices and as required by the State Board of Education;
(5) provide incentives and formal recognition for schools that significantly increase parental involvement as defined by the State Board of Education;
(6) require an annual briefing on district and school parental involvement programs including findings from state and local evaluations on the success of the district and schools' efforts; and
(7) include parental involvement expectations as part of the superintendent's evaluation.
Section 59-28-170. (A) Each school district superintendent shall consider:
(1) designating staff to serve as parent liaison for the district to coordinate parental involvement initiatives and coordinate community and agency collaboration to support parents and families;
(2) requiring each school to designate a faculty contact for parental involvement efforts to work collaboratively with the district coordinator and network with other school faculty contacts;
(3) requiring each school principal to designate space within the school specifically for parents which contains materials and resources on the numerous ways parents and schools can and should partner for a child's academic success; and
(4) encouraging principals to adjust class and school schedules to accommodate parent-teacher conferences at times more convenient to parents and, to the extent possible, accommodate parents in cases where transportation and normal school hours present a hardship.
(B) Each school district superintendent shall:
(1) include parental involvement expectations as part of each principal's evaluation;
(2) include information about parental involvement opportunities and participation in the district's annual report; and
(3) disseminate to all parents of the district the expectations enumerated in Section 59-28-180.
Section 59-28-180. Parent involvement influences student learning and academic performance; therefore, parents are expected to:
(1) uphold high expectations for academic achievement;
(2) expect and communicate expectations for success;
(3) recognize that parental involvement in middle and high school is equally as critical as in elementary school;
(4) ensure attendance and punctuality;
(5) attend parent-teacher conferences;
(6) monitor and check homework;
(7) communicate with the school and teachers;
( 8) build partnerships with teachers to promote successful school experiences;
( 9) attend, when possible, school events;
(10) model desirable behaviors;
(11) use encouraging words;
(12) stimulate thought and curiosity; and
(13) show support for school expectations and efforts to increase student learning.
Section 59-28-190. The Education Oversight Committee shall survey parents to determine if state and local efforts are effective in increasing parental involvement. This information shall be used in the public awareness campaign required by the Education Accountability Act to promote the importance of parental involvement. The campaign shall include:
(1) advice for parents on how to help their children be successful in school and the importance of nurturing their children's skills and abilities;
(2) requests to employers, state agencies, entities, community groups, nonprofit organizations, and faith communities that work with children and families to distribute and display parent advice and other pertinent parent information;
(3) promotion of the benefits of increased productivity, loyalty, and sense of community which result from parent-friendly workplace policies;
(4) ideas and encouragement to employers to adopt parent-friendly workplace policies and to provide information on the importance of parents to a child's academic success;
(5) recognition of businesses and employers where parent-friendly policies have been adopted; and
(6) recognition of agencies and faith communities that have supported and increased parental involvement.
Section 59-28-200. The Education Oversight Committee and the State Superintendent of Education shall develop and publish jointly informational materials for distribution to all public school parents and to teachers. The informational materials for distribution shall include:
(1) an explanation of the grade-level academic content standards and advice on how parents can help their children achieve the standards, and the relationship of the standards to the Palmetto Achievement Challenge Tests (PACT); and
(2) printed information about the standards and advice relative to parental involvement in their children's education for visible display and use in every public school K-12 classroom.
Section 59-28-210. The Education Oversight Committee shall disseminate the informational materials prepared pursuant to Section 59-28-200 to all districts and schools.
Section 59-28-220. The Education Oversight Committee, in cooperation with representatives of the Department of Commerce, the Department of Revenue, and the South Carolina Chamber of Commerce, shall develop recommendations for employer tax credits as incentives to:
(1) provide parent-employee release time for parent-teacher conferences or attendance at their children's academic-related events without loss of pay; and
(2) develop workplace policies which enable parents to improve their literacy, assist their children with academics, and become more involved in their child's education as a result of employers working with local school officials.
Recommendations shall be reported to the Senate Finance and Education Committees, House Ways and Means Committee, and the House Education and Public Works Committee no later than January 1, 2001."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. SHEHEEN moved to divide the question, which was agreed to.
/ SECTION 1. The General Assembly finds that:
(1) parental involvement influences student development and learning and, therefore, should be viewed as an essential component of the public education system;
(2) parental involvement and momentum for parental participation is evident for early childhood and elementary schools but declines in middle and high schools;
(3) there does not appear to be an accountability mechanism in place to ensure support for parental involvement opportunities;
(4) there is no structured system to enable, support, and sustain parental involvement at the various levels of state, district, or school responsibility;
(5) barriers and challenges cited in research and expressed by educators and parents can be overcome through a variety of proven approaches identified in the research; and
(6) there is no state system for providing professional development to teachers and school staff in working with parents and diversity of families, and there is no system for monitoring and assessing parental involvement efforts and results.
Rep. SHEHEEN moved to table the question, which was agreed to.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-28-100. This chapter may be cited as the 'Parental Involvement in their Children's Education Act'.
Section 59-28-110. It is the purpose of the General Assembly in this chapter to:
(1) heighten awareness of the importance of parents' involvement in the education of their children throughout their schooling;
(2) encourage the establishment and maintenance of parent-friendly school settings; and
(3) emphasize that when parents and schools work as partners a child's academic success can best be assured.
Section 59-28-120. The Governor shall require state agencies that serve families and children to collaborate and establish networks with schools to heighten awareness of the importance of parental influence on the academic success of their children and to encourage and assist parents to become more involved in their children's education.
Section 59-28-130. The State Board of Education shall:
(1) require school and district long-range improvement plans required in Section 59-139-10 to include parental involvement goals, objectives, and an evaluation component;
(2) recognize districts and schools where parental involvement significantly increases beyond stated goals and objectives; and
(3) establish criteria for staff training on school initiatives and activities shown by research to increase parental involvement in their children's education.
Section 59-28-140. The State Superintendent of Education shall:
(1) design parental involvement and best practices training programs in conjunction with higher education institutions and the pre-K through grade 12 education community, including parental program coordinators, which shall include:
(a) practices that are responsive to racial, ethnic, and socio-economic diversity, and are appropriate to various grade-level needs;
(b) establishment and maintenance of parent-friendly school settings;
(c) awareness of community resources that strengthen families and assist students to succeed; and
(d) other topics appropriate for fostering partnerships between parent and teacher;
(2) work collaboratively with the Commission on Higher Education to incorporate parental involvement training into teacher preparation and principal preparation programs consistent with the training provided in subsection (1) of this section.
Section 59-28-150. The State Superintendent of Education shall:
(1) promote parental involvement as a priority for all levels from pre-K through grade 12, with particular emphasis at the middle and high school levels where parental involvement is currently least visible;
(2) designate a Department of Education staff position whose specific role is to coordinate statewide initiatives to support school and district parental involvement;
(3) collect and disseminate to districts and schools practices shown by research to be effective in increasing parental involvement at all grade levels;
(4) provide parental involvement staff development training for district and school liaisons, as needed;
(5) provide technical assistance relating to parental involvement training to districts and schools;
(6) sponsor statewide conferences on best practices;
(7) identify, recommend, and implement ways to integrate programs and funding for maximum benefit to enhance parental involvement;
(8) enroll the Department of Education as a state member of national organizations which promote proven parental involvement frameworks, models, and practices and provide related services to state and local members;
(9) promote and encourage local school districts to join national parental involvement organizations; and
(10) monitor and evaluate parental involvement programs statewide by designing a statewide system which will determine program effectiveness and identify best practices and report evaluation findings and implications to the General Assembly, State Board of Education, and Education Oversight Committee.
Section 59-28-160. Each local school board of trustees shall:
(1) consider joining national organizations which promote and provide technical assistance on various proven parental involvement frameworks and models;
(2) incorporate, where possible, proven parental involvement practices into existing policies and efforts;
(3) adopt policies that emphasize the importance, strive to increase, and clearly defined expectations for effective parental involvement practices in the district schools;
(4) provide for all faculty and staff, no later than the 2002-2003 school year, parental involvement orientation and training through staff development with an emphasis on unique school and district needs and after that, on an ongoing basis as indicated by results of evaluations of district and school parental involvement practices and as required by the State Board of Education;
(5) provide incentives and formal recognition for schools that significantly increase parental involvement as defined by the State Board of Education;
(6) require an annual briefing on district and school parental involvement programs including findings from state and local evaluations on the success of the district and schools' efforts; and
(7) include parental involvement expectations as part of the superintendent's evaluation.
Section 59-28-170. (A) Each school district superintendent shall consider:
(1) designating staff to serve as parent liaison for the district to coordinate parental involvement initiatives and coordinate community and agency collaboration to support parents and families;
(2) requiring each school to designate a faculty contact for parental involvement efforts to work collaboratively with the district coordinator and network with other school faculty contacts;
(3) requiring each school principal to designate space within the school specifically for parents which contains materials and resources on the numerous ways parents and schools can and should partner for a child's academic success; and
(4) encouraging principals to adjust class and school schedules to accommodate parent-teacher conferences at times more convenient to parents and, to the extent possible, accommodate parents in cases where transportation and normal school hours present a hardship.
(B) Each school district superintendent shall:
(1) include parental involvement expectations as part of each principal's evaluation;
(2) include information about parental involvement opportunities and participation in the district's annual report; and
(3) disseminate to all parents of the district the expectations enumerated in Section 59-28-180.
Section 59-28-180. Parent involvement influences student learning and academic performance; therefore, parents are expected to:
(1) uphold high expectations for academic achievement;
(2) expect and communicate expectations for success;
(3) recognize that parental involvement in middle and high school is equally as critical as in elementary school;
(4) ensure attendance and punctuality;
(5) attend parent-teacher conferences;
(6) monitor and check homework;
(7) communicate with the school and teachers;
(8) build partnerships with teachers to promote successful school experiences;
(9) attend, when possible, school events;
(10) model desirable behaviors;
(11) use encouraging words;
(12) stimulate thought and curiosity; and
(13) show support for school expectations and efforts to increase student learning.
Section 59-28-190. The Education Oversight Committee shall survey parents to determine if state and local efforts are effective in increasing parental involvement. This information shall be used in the public awareness campaign required by the Education Accountability Act to promote the importance of parental involvement. The campaign shall include:
(1) advice for parents on how to help their children be successful in school and the importance of nurturing their children's skills and abilities;
(2) requests to employers, state agencies, entities, community groups, nonprofit organizations, and faith communities that work with children and families to distribute and display parent advice and other pertinent parent information;
(3) promotion of the benefits of increased productivity, loyalty, and sense of community which result from parent-friendly workplace policies;
(4) ideas and encouragement to employers to adopt parent-friendly workplace policies and to provide information on the importance of parents to a child's academic success;
(5) recognition of businesses and employers where parent-friendly policies have been adopted; and
(6) recognition of agencies and faith communities that have supported and increased parental involvement.
Section 59-28-200. The Education Oversight Committee and the State Superintendent of Education shall develop and publish jointly informational materials for distribution to all public school parents and to teachers. The informational materials for distribution shall include:
(1) an explanation of the grade-level academic content standards and advice on how parents can help their children achieve the standards, and the relationship of the standards to the Palmetto Achievement Challenge Tests (PACT); and
(2) printed information about the standards and advice relative to parental involvement in their children's education for visible display and use in every public school K-12 classroom.
Section 59-28-210. The Education Oversight Committee shall disseminate the informational materials prepared pursuant to Section 59-28-200 to all districts and schools.
Section 59-28-220. The Education Oversight Committee, in cooperation with representatives of the Department of Commerce, the Department of Revenue, and the South Carolina Chamber of Commerce, shall develop recommendations for employer tax credits as incentives to:
(1) provide parent-employee release time for parent-teacher conferences or attendance at their children's academic-related events without loss of pay; and
(2) develop workplace policies which enable parents to improve their literacy, assist their children with academics, and become more involved in their child's education as a result of employers working with local school officials.
Recommendations shall be reported to the Senate Finance and Education Committees, House Ways and Means Committee, and the House Education and Public Works Committee no later than January 1, 2001."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the question.
The question was adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\21275SD00), which was tabled:
Amend the bill, as and if amended, by striking Section 59-28-220 of the 1976 Code, as contained in SECTION 2, page 4672-6.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. WALKER moved to table the amendment, which was agreed to by a division vote of 31 to 26.
Reps. HASKINS and ROBINSON proposed the following Amendment No. 3 (Doc Name GJK\AMEND\21260SD00), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 59-18-935. If a school receives an 'unsatisfactory' under the Education Accountability Act for its improvement or absolute grade on its report card for any year, the students at that school may at their option transfer to any other school within the district or to another school district. The other district may accept these students as long as space is available. The school district of residence may not prohibit such transfer. In the event the student transfers to another district under the provisions of this section, the school district where the child resides shall pay to the school district where the child is transferring an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; and the school district where the child is transferring shall be able to count the child for all funding sources, both state and federal. These students may remain at the school to which they transferred until they finish the highest grade offered at that school."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. ROBINSON argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. WALKER explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Brown, G. Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Davenport Delleney Edge Emory Fleming Frye Gamble Gilham Gourdine Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Huggins Inabinett Jennings Keegan Kelley Klauber Knotts Koon Lanford Lee Limehouse Littlejohn Lloyd Lourie Lucas Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Rice Riser Rodgers Rutherford Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Easterday Hamilton Kirsh Robinson
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4719 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21238SD00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 59-1-420 of the 1976 Code is amended to read:
"Section 59-1-420. Notwithstanding any other provision of law, Beginning with school year 2000-2001, the statutory school term is one hundred ninety days annually and at least one hundred eighty days must be used for student instruction and. Of the remaining ten days may, two days must be used for preparation of opening and closing of schools, for in-service training, and for teacher planning and preparation time. At least three days may be used for the opening and closing of schools and for teacher planning and preparation and two days may be used in teacher-parent conferences with emphasis upon failing and underachieving students. Provided, further, that conferences may be held on Saturday at the direction of the local school board. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300 of the Education Accountability Act. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. The remaining five days may be used for teacher planning, academic plans, and parent conferences."
SECTION 2. The 1976 Code is amended by adding:
"Section 59-5-75. The State Board of Education shall review and make any necessary revisions to regulations to define the criteria for school districts to report out-of-field teaching for teachers who are not teaching one hundred percent of the time in their areas of certification or in a field in which the teachers have twelve or more academic hours from a regionally, state, or nationally accredited program, with special provisions made for phasing in middle level certification."
SECTION 3. The State Board of Education shall consider establishing immediately for individuals employed as principals the recertification requirement that they must complete in-depth training on ways to support and encourage teachers professionally. The curriculum for the training shall include methods for helping teachers develop professional growth plans, selecting opportunities for growth such as taking courses, serving on committees, providing appropriate positive and corrective feedback to teachers, and appropriately assigning teachers based on skill level, stage in career, and future goals. The Principal Executive Institute, New Principals' Academy, and the Leadership Academy at the State Department of Education shall consider identifying recertification opportunities for principals to meet the requirements outlined above as well as include training in the special needs of beginning teachers, the actions to assist them, and the actions to avoid.
SECTION 4. The 1976 Code is amended by adding:
"Section 59-5-85. The State Board of Education and the Department of Education shall review and refine, as necessary, the professional performance dimensions in the state's teacher evaluation program (ADEPT) established in Section 59-26-30(B) to ensure the dimensions are consistent with nationally recognized performance-based accreditation standards and certification standards of the National Board for Professional Teaching Standards certification standards. National board certified teachers shall be included in this review. A report on the changes to the dimensions must be provided to the Education and Public Works Committee of the House of Representatives and the Education Committee of the Senate no later than September 1, 2001.
The Department of Education shall implement a pilot program to develop procedures and obtain information for including student achievement as a component in the teacher evaluation program (ADEPT). No fewer than five school districts must participate in the development and pilot of the procedures, at least one district designated as impaired is to be included in the pilot if the district chooses. The development of the program is to begin no later than September 1, 2000. A report on the progress of the project and recommendations concerning its implementation is due to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives by March 1, 2001.
Further, the Department of Education shall develop guidelines for the teacher induction program, established in Section 59-26-20, which shall include sustained long-term coaching and assistance. Information on best practices in teacher induction programs must be disseminated to school districts. By July 1, 2000, the State Department of Education shall adopt criteria for the selection and training of teachers who serve as mentors for new teachers as a part of the induction program."
SECTION 5. The 1976 Code is amended by adding:
"Section 59-5-95. The State Board of Education and the Commission on Higher Education shall appoint a collegial panel of middle grade classroom teachers and teacher preparation faculty to review the National Council for Accreditation of Teacher Education (NCATE) accreditation requirements and recommend any additional training standards and needs for middle grade teacher preparation and professional development courses. The panel shall be a continuing body, shall include representatives of professional organizations, and shall:
(1) review the state's academic standards in the four core academic areas and current teaching courses;
(2) determine the knowledge and skills needed by teachers at the middle grades level to teach these standards and assess student progress in learning the standards;
(3) establish syllabi to guide the development of high quality teacher preparation courses; and
(4) develop assessments to determine the strengths and weaknesses of the curriculum."
SECTION 6. The State Board of Education shall:
(1) establish requirements for initial certification for teaching in the middle grades by October 1, 2000, in consultation with the Middle Grades Task Force. In setting the requirements, the board shall consider standards for teacher preparation programs, elimination of the significant overlap in grades between elementary and middle level certification, and determine ways to phase in initial and add-on certification. In addition, the board shall establish a timeline and a staged phase-in of add-on certification for teachers currently teaching in the middle grades;
(2) immediately consider granting South Carolina certification to out-of-state teachers possessing middle grades certification based on a review of their teaching experience and background rather than requiring them to meet the requirements for elementary or high school certification;
(3) appoint a collegial panel of middle grades classroom teachers, principals, and teacher preparation faculty to recommend training standards and needs for middle grades preparation and professional development courses for middle grades principals. The panel shall consider, among other areas, the skills and knowledge needed to be a successful middle grades principal and the training needed to carry out the responsibility of supporting, evaluating, and rewarding good teaching;
(4) revisit and redefine the Defined Program, Grades 6-8, Regulation 43-232, and other appropriate regulations that establish the middle grades requirements. As a part of the review, the board shall consider reducing over time the pupil-teacher ratio maximums of 30 and 35 to 1 in academic courses to a maximum ratio of 24 to 1. The board also shall consider reducing over time the ratio of students to guidance counselors from 500 to 1 to 300 to 1 and establishing that the roles and responsibilities of the guidance counselor at the middle grades are to counsel and give academic and career guidance. Consideration also shall be given to requiring school districts to designate in each middle school a home-school liaison to work with individual families and with community groups to support and encourage the ties between school and home and community.
SECTION 7. Section 59-5-135(B) of the 1976 Code, as added by Part II, Section 46, Act 100 of 1999, is amended to read:
"(B) There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The purpose of the institute also is to mobilize efforts to improve the reading abilities of students in the middle grades and accelerate the learning of students reading below grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:
(1) review the best practices in the teaching of reading;
(2) provide teachers with professional development and support for implementing best practices in the teaching of reading; and
(3) award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices for the primary grades.
The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year."
SECTION 8. The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.
SECTION 9. Section 59-26-20(j) of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:
"(j) the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The definitions used in the federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas'. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. Should the area of critical need that the loan recipient is teaching in be reclassified during the time of cancellation, the cancellation shall continue as though the critical need area had not changed. Additionally, beginning with the 2000-2001 school year, a loan recipient who has not previously qualified for loan cancellation shall qualify if the recipient is teaching in an area newly designated as a critical needs area. Previous loan payments shall not be reimbursed.
Beginning July 1, 2000, the loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area.
Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina.
In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The Education Oversight Committee shall review the loan program annually and report to the General Assembly;"
SECTION 10. Section 9-1-1795(B) of the 1976 Code, as added by 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 School districts must notify the State Board Department of Education of the engagement of a retired member as a teacher because no qualified nonretired member is available for employment in the position 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."
SECTION 11. The 1976 Code is amended by adding:
"Section 59-26-85. (A) Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for National Board certification and NBPTS certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contract status and their recertification cycle will be consistent with National Board certification. Teachers receiving national certification from the NBPTS shall receive an increase in pay for the life of the certification. The pay increase shall be determined annually in the appropriations act. The established amount shall be added to the annual pay of the nationally certified teacher.
(B) The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven."
SECTION 12. The 1976 Code is amended by adding:
"Section 59-26-90. The State Department of Education shall establish a program for the State Teacher of the Year to include an honorarium of no less than twenty-five thousand dollars. In addition, the program is to recognize the four honor roll teachers of the year with awards of no less than ten thousand dollars each and award local district teachers of the year with honoraria of no less than one thousand dollars each."
SECTION 13. The 1976 Code is amended by adding:
"Section 59-26-100. The State Board of Education, acting though the Department of Education, shall establish a program whereby schools and school districts may be awarded funds to develop various types of incentives for those teachers who are trained and serve as mentors to new teachers as a part of the induction program established in Section 59-26-20. Among the incentives that may qualify are additional pay, release time, and additional assistance in the classroom. To qualify for these funds, the school or school district must meet the criteria established by the state board."
SECTION 14. The 1976 Code is amended by adding:
"Section 59-139-90. The school and district strategic plans required in Section 59-139-10 must include stated goals and objectives for parent involvement and methods used for data collection to support statewide evaluation of parent involvement efforts."
SECTION 15. The State Department of Education shall undertake a study of the training, responsibilities, and funding of para-professionals to better enable school districts and schools to organize teachers' work days so as to reduce teachers' noninstructional duties, such as breakfast, lunch, and bus duty, and provide teachers more time during the school day to plan for instruction and collaborate for improved curriculum delivery. The study must be provided to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives no later than August 15, 2000.
SECTION 16. The 1976 Code is amended by adding:
"Section 59-25-25. From funds appropriated by the General Assembly, school districts of the State shall offer a 'First-Year Teacher Bonus' to first-year teachers who successfully complete the induction year with an overall rating of 'competent' under the ADEPT Evaluation System and who sign an annual contract for the following school year. The first installment of the bonus shall be paid upon annual contract signing for the second year of teaching, and the final installment shall be paid upon signing a continuing contract to teach the third year. This bonus shall only be applicable to teachers who are paid at the zero years experience level on the State Minimum Salary Schedule. However, individuals who have previous experience as teacher assistants and who are beginning teachers may also qualify for this bonus."
SECTION 17. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
The SPEAKER granted Rep. VAUGHN a leave of absence for the remainder of the day due to medical reasons.
Rep. WALKER continued speaking.
The amendment was then adopted.
Reps. HASKINS and ROBINSON proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\21259SD00), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 59-18-935. If a school receives an 'unsatisfactory' under the Education Accountability Act for its improvement or absolute grade on its report card for any year, the students at that school may at their option transfer to any other school within the district or to another school district. The other district may accept these students as long as space is available. The school district of residence may not prohibit such transfer. In the event the student transfers to another district under the provisions of this section, the school district where the child resides shall pay to the school district where the child is transferring an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; and the school district where the child is transferring shall be able to count the child for all funding sources, both state and federal. These students may remain at the school to which they transferred until they finish the highest grade offered at that school."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. WALKER raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. HASKINS argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Campsen Carnell Cato Chellis 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 Howard Huggins Inabinett Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Rice Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen 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:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. TOWNSEND moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4996 (Word version) -- Reps. Klauber, Parks and Carnell: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE GREENWOOD HIGH SCHOOL "EAGLES" FOOTBALL TEAM AND COACHES FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 1999-2000 CLASS AAAA STATE FOOTBALL CHAMPIONSHIP AND WISH THEM CONTINUED SUCCESS IN THE FUTURE.
H. 5007 (Word version) -- Reps. Kelley, 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, 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, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING SERGEANT DOUG WORKMAN OF THE MYRTLE BEACH POLICE DEPARTMENT FOR BEING NAMED THE "POLICE OFFICER OF THE YEAR FOR 1999".
H. 5017 (Word version) -- Rep. Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY OF MR. DOLPHIS "JACKIE" HALL OF LEXINGTON COUNTY, UPON HIS DEATH.
H. 5018 (Word version) -- Reps. Harris, Jennings and Lucas: A CONCURRENT RESOLUTION RECOGNIZING WITH GRATEFUL APPRECIATION THE LONG AND DEDICATED SERVICE OF THE HONORABLE JAMES E. LEPPARD, JR. OF CHESTERFIELD COUNTY TO THE CITIZENS OF SOUTH CAROLINA AS DENTIST, SENATOR, AND MAGISTRATE, AND ACKNOWLEDGING HIS MANY AND VARIED CONTRIBUTIONS TO THE ENRICHMENT OF THIS STATE.
H. 5020 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA STATE UNIVERSITY "BULLDOGS" MEN'S BASKETBALL TEAM FOR THEIR MANY ACCOMPLISHMENTS DURING THEIR OUTSTANDING 1999-2000 SEASON, AND TO RECOGNIZE HEAD COACH CY ALEXANDER AND HIS STAFF FOR AN EXCEPTIONAL SEASON.
At 4:30 p.m. the House, in accordance with the motion of Rep. MCGEE, adjourned in memory of Blanche J. Hill, to meet at 10:00 a.m. tomorrow.
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