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:
We know, O God, that this day is a gift from You, given because You are our Father. Help us to appreciate its beauty and to use its opportunities. Deliver us from toying with the unimportant when we should be inspired by the great. May we give our best thought and best efforts to doing Your commands. Forbid that we should be floundering in indecisions that waste our time and divide our energies. We ask for the satisfaction of work well done. May we feel the satisfaction of having done what is right. 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. MILLER moved that when the House adjourns, it adjourn in memory of Jane Lachicotte of Pawleys Island, which was agreed to.
Document No. 2512
Agency: Department of Social Services
Statutory Authority: 1976 Code Section 43-1-80
Fair Hearings
Received by Speaker of the House of Representatives
April 20, 2000
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration August 18, 2000 (Subject to Sine Die Revision)
20000516 Committee Request Withdrawal
120 Day Period Tolled
20000516 Withdrawn and Resubmitted
The following was received:
Columbia, S.C., May 16, 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. 767:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 986 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE PHRASE "DETACHABLE SIDE CAR"; TO AMEND SECTION 56-5-145, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREE-WHEEL VEHICLE; TO ADD SECTION 56-5-155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREE-WHEEL VEHICLE; AND TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN A MOTOR VEHICLES CHAPTER, SO AS TO ADD A DEFINITION FOR A THREE-WHEEL VEHICLE MOTORCYCLE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4961 (Word version) -- Rep. Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.
Rep. HARRISON moved to waive Rule 5.12, which was agreed to by a division vote of 14 to 0.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 470 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM SUCH ACTIVITY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 935 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE FOR REGISTRATION OF RURAL FIRE DEPARTMENTS UPON THE SINGLE REGISTRATION AND PAYMENT OF A SINGLE FEE BY THE LOCAL GOVERNING BODY HAVING JURISDICTION OVER MULTIPLE RURAL FIRE DEPARTMENTS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 1322 (Word version) -- Senators Holland and Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE SECURITY AND INVESTIGATION AGENCIES, BY REPEALING CHAPTER 17 AND ADDING CHAPTER 18, SO AS TO PROVIDE DEFINITIONS, TO DESIGNATE THE TWO CLASSIFICATIONS OF SECURITY BUSINESSES AS CONTRACT SECURITY BUSINESSES AND PROPRIETARY SECURITY BUSINESSES, TO REQUIRE SLED LICENSURE OF CONTRACT AND PROPRIETARY SECURITY BUSINESSES AND TO PROVIDE FOR LICENSING REQUIREMENTS, TO REQUIRE SLED REGISTRATION FOR PERSONS EMPLOYED AS SECURITY OFFICERS AND TO PROVIDE FOR REGISTRATION REQUIREMENTS, TO PROVIDE THAT PERSONS EMPLOYED AS PRIVATE INVESTIGATORS BE REGISTERED WITH SLED AND BE EMPLOYED ONLY BY LICENSED PRIVATE INVESTIGATION BUSINESSES, TO PROVIDE FOR THE LICENSING REQUIREMENTS OF PRIVATE INVESTIGATION BUSINESSES AND THE REGISTRATION REQUIREMENTS OF PRIVATE INVESTIGATORS, TO REQUIRE AN APPLICANT FOR A PRIVATE INVESTIGATION LICENSE TO POST A TEN THOUSAND DOLLAR BOND WITH SLED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 120 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND ATTORNEY'S FEES.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 1062 (Word version) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington, Mescher and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 958 (Word version) -- Senators Giese and Hayes: A BILL TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THE BOARD'S AUTHORITY TO ISSUE PERMITS TO FACILITIES EXTENDS TO THOSE FACILITIES WHICH POSSESS DRUGS; TO ADD SECTION 40-43-70 SO AS TO PROVIDE THAT PHARMACISTS CERTIFIED TO ADMINISTER INJECTIONS MAY DO SO PURSUANT TO STATE OR FEDERAL HEALTH AGENCY PROTOCOL; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, SO AS TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL, TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO INVESTIGATIONS, HEARINGS, AND DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; AND TO REPEAL SECTION 40-43-100 RELATING TO THE FREQUENCY FOR GIVING THE PHARMACIST LICENSURE EXAMINATION.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4953 (Word version) -- Reps. Lourie, Allen, Allison, Bailey, Breeland, J. Brown, Clyburn, Davenport, Edge, Emory, Gamble, Gourdine, Govan, Hayes, Hosey, Inabinett, Jennings, Kirsh, Lee, Lloyd, Mack, Maddox, Martin, McGee, McKay, McMahand, Miller, Moody-Lawrence, J. M. Neal, Scott, Simrill, J. Smith, Stuart, Webb and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-40 SO AS TO ENACT THE "UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT" INCLUDING PROVISIONS TO REQUIRE NEWBORN HEARING SCREENING AND PROVIDING EDUCATIONAL INFORMATION ON THE IMPORTANCE OF THESE SCREENINGS; TO ESTABLISH EVALUATION AND INTERVENTION PROCEDURES AND SERVICES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH REPORTING PROCEDURES FOR THESE SCREENINGS WHICH MUST BE FOLLOWED BY HOSPITALS, AUDIOLOGISTS, AND EARLY INTERVENTIONISTS; TO REQUIRE THE DEPARTMENT TO ESTABLISH MONITORING AND MEASUREMENT OF THE EFFECTIVENESS OF THESE SCREENINGS AND INTERVENTIONS; TO REQUIRE THE DEPARTMENT TO ESTABLISH THE NEWBORN HEARING SCREENING AND INTERVENTION ADVISORY COUNCIL; AND TO PROHIBIT PERFORMING A SCREENING IF A PARENT DISSENTS BASED ON RELIGIOUS BELIEFS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 1359 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THAT PORTION OF LAKE MARION KNOWN AS POTATO CREEK WITHIN TWO HUNDRED YARDS OF THE SHORELINE WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THIS PORTION OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 1340 (Word version) -- Senators Ravenel, Mescher and McConnell: A BILL TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTIONS 50-5-1102, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2000, NO PERSON LICENSED AS A COMMERCIAL SALTWATER FISHERMAN OR AS A WHOLESALE SEAFOOD DEALER MAY OBTAIN A SHRIMP BAITING LICENSE, AND 50-5-1110, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2002, WHEN TAKING SHRIMP OVER BAIT NO CAST NET MAY BE USED HAVING A MESH SIZE SMALLER THAN ONE-HALF INCH SQUARE MEASURE OR ONE INCH STRETCH MEASURE.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 1279 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 44-56-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO REVISE THE DATE BY WHICH A DRYCLEANING FACILITY OWNER OR OPERATOR MUST RECEIVE CERTAIN CERTIFICATIONS AND THE DATE BY WHICH THEY MUST INSTALL CONTAINMENT STRUCTURES AROUND EQUIPMENT ITEMS IN WHICH DRYCLEANING SOLVENTS ARE USED; AND TO AMEND ACT 119 OF 1995, RELATING TO DRYCLEANING FACIITY RESTORATION, THE DRYCLEANING RESTORATION TRUST FUND, AND THE REGULATION AND REGISTRATION OF DRYCLEANING FACILITIES, SO TO DELETE THE PROVISION WHICH REPEALS THE ACT ON JULY 1, 2005.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 1242 (Word version) -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE "SOUTH CAROLINA GRAIN DEALERS GUARANTY FUND" INTO WHICH ASSESSMENTS ON FEED GRAINS OR OIL SEEDS MUST BE PAID FOR THE PURPOSE OF REIMBURSING GRAIN DEALERS FOR LOSSES INCURRED AS A RESULT OF THE BANKRUPTCY OF A SPECIFIED DEBTOR AND TO CONTINUE THE FUND THEREAFTER FOR THE BENEFIT OF GRAIN DEALERS WHO SUFFER LOSSES AGAINST OTHER DEBTORS FROM BANKRUPTCY EMBEZZLEMENT OR FRAUD, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE REIMBURSEMENTS MUST BE PAID INCLUDING A PROVISION THAT THE INSURANCE RESERVE FUND IS AUTHORIZED TO LOAN MONIES TO PROVIDE FUNDING TO PAY CERTAIN CLAIMS; TO CHANGE THE NAME OF SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND TO THE SOUTH CAROLINA GRAIN PRODUCERS GUARANTY FUND; AND TO AMEND SECTION 46-41-200, RELATING TO THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND, SO AS TO CHANGE ITS NAME ACCORDINGLY.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 691 (Word version) -- Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan, McGill, McConnell, Branton and Grooms: A BILL TO AMEND TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY, BY ADDING CHAPTER 2, SO AS TO ENACT THE "SOUTH CAROLINA FOREST MANAGEMENT PROTECTION ACT" AND TO PROVIDE LEGISLATIVE FINDINGS AND DEFINITIONS AND APPROPRIATE GUIDELINES FOR FOREST MANAGEMENT.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 5045 (Word version) -- Reps. Robinson, Hamilton, Rice, Sheheen and Simrill: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2000-2001 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Rep. HARRELL moved to waive Rule 5.12, which was agreed to by a division vote of 10 to 0.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 975 (Word version) -- Senators Short, Hayes, O'Dell, McGill, Passailaigue, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 125 OF TITLE 59, RELATING TO WINTHROP UNIVERSITY SO AS TO PROVIDE FOR WINTHROP UNIVERSITY ATHLETIC FACILITIES BONDS, TO DESIGNATE SECTIONS 59-121-10 THROUGH 59-121-80, RELATING TO THE CITADEL, AS ARTICLE 1, CHAPTER 121 OF TITLE 59, TITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 TO CHAPTER 121 OF TITLE 59, RELATING TO THE CITADEL SO AS TO PROVIDE FOR CITADEL ATHLETIC FACILITIES BONDS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 265 (Word version) -- Senators Russell and Wilson: A BILL TO AMEND SECTION 60-13-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY, SO AS TO PROVIDE THAT THE DIRECTOR OF THE INSTITUTE SHALL APPOINT, RATHER THAN SERVE AS, THE STATE ARCHEOLOGIST AND SHALL APPOINT A STATE UNDERWATER ARCHEOLOGIST AND TO FURTHER PROVIDE FOR THE DUTIES OF EACH.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Courson, Hutto, Richardson, Washington, Giese, Bryan, Ravenel and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 1042 (Word version) -- Senators Saleeby and Passailaigue: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS SO AS TO ADD THE EMPLOYEES AND RETIREES OF CITY, COUNTY, REGIONAL, AND CONSOLIDATED HOUSING AUTHORITIES.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 4954 (Word version) -- Reps. Quinn, Allison, Barfield, Barrett, Breeland, T. Brown, Cato, Clyburn, Cooper, Dantzler, Davenport, Gamble, Gourdine, Harrell, J. Hines, Kelley, Kirsh, Knotts, Koon, Leach, Lee, Littlejohn, Loftis, McCraw, McGee, McKay, M. McLeod, Moody-Lawrence, J. M. Neal, Neilson, Phillips, Rhoad, Riser, Robinson, Rodgers, Simrill, Stille, Taylor, Whatley, Wilder and Stuart: A JOINT RESOLUTION TO ESTABLISH A SENIOR PRESCRIPTION DRUG PROGRAM OVERSIGHT COMMITTEE TO STUDY THE FEASIBILITY OF A PHARMACEUTICAL BENEFIT PROGRAM FOR A SEGMENT OF OUR STATE'S SENIOR CITIZENS, PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND PROVIDE TO WHOM THE COMMITTEE'S RECOMMENDATIONS MUST BE MADE BY OCTOBER 1, 2000.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 5015 (Word version) -- Reps. Kelley, Harrell and Haskins: A BILL TO AMEND SECTION 8-21-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATE AGENCY NOT BEING AUTHORIZED TO SET A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION UNLESS IT IS AUTHORIZED BY STATUTORY LAW AND SET BY REGULATION, SO AS TO PROVIDE THAT A STATE AGENCY BY REGULATION MAY NOT IMPOSE OR INCREASE A "FEE" OR IMPOSE OR INCREASE A "TAX", TO PROVIDE THAT THE GENERAL ASSEMBLY IS THE ONLY BODY THAT IS CONSTITUTIONALLY AND STATUTORILY AUTHORIZED TO IMPOSE OR INCREASE FEES OR TAXES, AND TO PERMIT FEES OR TAXES SET BY REGULATION BEFORE THE EFFECTIVE DATE OF THESE PROVISIONS TO BE CONTINUED.
Rep. HARRELL moved to waive Rule 5.12, which was agreed to by a division vote of 13 to 0.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 518 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory, Peeler and Reese: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE WHOLE AMOUNT OF THE TAX SALE BID IS AT THE RATE OF THREE, SIX, NINE, OR TWELVE PERCENT, RISING FOR EACH THREE MONTHS OF THE REDEMPTION PERIOD RATHER THAN A RATE OF EIGHT OR TWELVE PERCENT ON THE WHOLE AMOUNT REGARDLESS OF WHEN THE PROPERTY IS REDEEMED, AND TO PROVIDE THAT INTEREST DUE MUST NOT EXCEED THE BID ON THE PROPERTY SUBMITTED BY THE FORFEITED LAND COMMISSION.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND CHAPTER 37, TITLE 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO FURTHER DEFINE THE POWERS OF MUNICIPAL GOVERNING BODIES WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON SUCH DISTRICTS.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1387 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO OFFER THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO SERGEANT MATTHEW BRAXTON OF AIKEN PUBLIC SAFETY IN RECOGNITION OF HIS TALENT, CREATIVITY, AND EXPERTISE IN DEVELOPING THE WEB SITE FOR THE SECOND JUDICIAL CIRCUIT YOUTH COUNCIL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1389 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MISS CORTNI BRACKEN OF PICKENS COUNTY FOR HER TIRELESS INVOLVEMENT IN CHILDREN'S ISSUES, PARTICULARLY IN THE AREA OF PREVENTING CHILD ABUSE, AND FOR BEING NAMED MISS MID-STATE 2000.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 1392 (Word version) -- Senator Leventis: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE CONSUMER AFFAIRS COMMISSION AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SUCCEED THE HONORABLE JAMES M. EAVES WHO HAS RESIGNED DUE TO FAMILY HEALTH REASONS.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 24, 2000, at 12:00 noon immediately following the election of members of the Consumer Affairs Commission to elect a member of the Old Exchange Building Commission to succeed the Honorable James M. Eaves who has resigned due to family health reasons.
Be it further resolved that the successor to the Honorable James M. Eaves shall be elected to fill the remainder of Mr. Eaves' term that expires in 2000 and for a full six-year term thereafter also to begin in 2000.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1394 (Word version) -- Senators Courson, Alexander, Anderson, Bauer, Branton, Bryan, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Richardson, Russell, Ryberg, Saleeby, Setzler, Short, J. V. Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA GAMECOCK BASEBALL TEAM ON BECOMING REGULAR SEASON SOUTHEASTERN CONFERENCE CHAMPIONS FOR 2000, AND SALUTING THE TEAM, COACHES, AND SUPPORT PERSONNEL FOR ALL OF THEIR AMAZING SUCCESS AND ACCOMPLISHMENTS DURING THE 2000 SEASON.
Whereas, the University of South Carolina Gamecock baseball team, in what has indeed been a storybook season of thrills and success, has clinched the regular season championship of the Southeastern Conference (SEC) for 2000; and
Whereas, the Gamecocks also have won the East Division title and have emerged as a genuine national championship contender; and
Whereas, the University of South Carolina baseball team has been ranked number one in the country for five consecutive weeks; the Gamecocks have compiled an overall record of 50-6, which is the best record in the nation; they have compiled an SEC-leading record of 25-5 and started the 2000 season with a twenty-two game winning streak, an SEC record; and
Whereas, the Gamecocks, with twenty consecutive conference victories, tied the SEC record in that category; they also ran off twenty-four straight victories toward the latter part of the regular season; and
Whereas, the Gamecocks appear to have it all this year -- pitching, hitting, catching, and fielding; the team has tremendous confidence in their ability to win games, having come from behind late in numerous contests to clinch thrilling victories; attendance has skyrocketed sixty-three percent over last year at Sarge Frye Field; and the University of South Carolina has been selected to host a NCAA regional tournament on May 26-28; and
Whereas, the Gamecocks have swept several SEC foes in three-game conference series, namely, Auburn, Alabama, Mississippi State, Vanderbilt, Kentucky, Georgia, and Tennessee, and also defeated arch-rival Clemson in both games played between the Gamecocks and Tigers during the regular season; and
Whereas, coaching has been stellar by the entire coaching staff, and Head Coach Ray Tanner is a top candidate for "National Coach of the Year" and has already been named SEC Coach of the Year for 2000; and
Whereas, the Gamecocks' ace pitcher, Kip Bouknight of Lexington County (Brookland Cayce High School), has been named the SEC's Player of the Year for 2000. Bouknight led the conference in ERA (2.66), strikeouts (122), and wins (15-0); and
Whereas, as voted by the twelve head coaches in the SEC Conference, five Gamecocks were named to the All-SEC baseball team. They are Kip Bouknight and Scott Barber on the first team and Drew Meyer, Nate Janowicz, and Peter Bauer on the second team; and
Whereas, success seems to know no bounds for this amazing baseball squad; they are the talk of the whole country; they have accomplished so much since the 2000 season began in early February and appear poised to achieve even more as the regular season winds down and post-season play begins; they have brought great joy to the hearts of the Gamecock faithful everywhere and have made all South Carolinians very, very proud; and
Whereas, we are greatly pleased to have the opportunity to recognize and honor this fantastic baseball team and program in this special manner. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, congratulates the University of South Carolina Gamecock baseball team on becoming regular season SEC champions for 2000 and salutes the team, coaches, and support personnel for all of their amazing success and accomplishments during this dream season.
Be it further resolved that a copy of this resolution be forwarded to the University of South Carolina baseball team, coaches, and support personnel in care of Head Coach Ray Tanner.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. WALKER, with unanimous consent, the following was taken up for immediate consideration:
H. 5079 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO RECOGNIZE THE STERLING CONTRIBUTIONS OF CAMPOBELLO HIGH SCHOOL, ITS LOYAL STAFF, DEVOTED TEACHERS, AND DISTINGUISHED TRUSTEES, TO THE CAMPOBELLO COMMUNITY AND SURROUNDING AREA DURING THE PERIOD OF THIS OUTSTANDING SCHOOL'S EXISTENCE, TO COMMEND ITS STUDENTS AND GRADUATES OVER THE YEARS FOR THEIR PERSONAL ACHIEVEMENTS, EXEMPLARY SERVICE, AND TREMENDOUS CONTRIBUTION TO THEIR COMMUNITY, THE STATE, AND THE NATION IN TIMES OF HARDSHIP, ECONOMIC DEPRESSION, AND WAR, AS WELL AS IN THE GOOD TIMES OF PEACE AND PROSPERITY; TO CONGRATULATE THE CAMPOBELLO HIGH SCHOOL CLASSES FROM THE 1930'S FORWARD ON THE OCCASION OF THEIR JOINT "2000" CAMPOBELLO HIGH SCHOOL REUNION TO BE HELD JUNE 10, 2000, AND TO DECLARE JUNE 10, 2000, AS "CAMPOBELLO HIGH SCHOOL APPRECIATION DAY".
Whereas, Campobello High School began its existence in the 1870's serving as the school to teach children of all grades. The school met in a one-room log cabin; the students sat on plank benches and wrote on slates. Classes were held for short sessions of several months each; and
Whereas, as time progressed, the school was located in different buildings in Campobello. In 1885 classes were held in a two-story frame building where the present Methodist Church stands. Sam Lancaster and Ike Hughes were two of the teachers whom history has recorded, taught the basics of reading, writing, and arithmetic; and
Whereas, in 1894 the students in Campobello were allowed to attend a Christian boarding school started by Reverend I. W. Wingo, a graduate of Furman University and the Baptist Theological Seminary. For the Campobello children this school was free public education while pupils from farther away boarded in private homes or in the school's dormitories. The standards of curricula and instruction at the Wingo School were very demanding, offering classes in Latin, German, Greek, and instrumental music, as well as the usual courses of study; and
Whereas, in 1912 a six-room school was built on the present site of the Campobello High School; there were ten grades and by 1923 eleven grades. Various changes in the curricula reflected the changes that the decades of the 1920's and 1930's brought to the Campobello community. Agriculture and home economics departments were added for the students' benefit as well as commercial studies. During the Depression, young men working for the W.P.A. dug a basement under the gymnasium, and built an athletic field for the school, and a lunch program financed by the government began; and
Whereas, the school suffered a tragedy in May of 1945 when the classrooms and separate gymnasium burned to the ground. Through the community's perseverance and hard work, a new one-story structure for the eleven grades was completed by late summer of 1947 and a library was begun. By 1949 twelve grades were offered at Campobello High School; and
Whereas, more changes came to Campobello with consolidation of the school districts in the early 1950's. The class of 1954 was the last class to graduate from Campobello High School. The building was used as an elementary school until 1968 and, even now, part of the building is used as District One offices; and
Whereas, the history of Campobello High School has been lovingly documented by its former students and they have kept the school's memory alive. Through times of depression and war, times of peace and prosperity, this school served its community well by educating its students and sending them out beyond the boundaries of Campobello to be the successful citizens they have become; and
Whereas, the graduates will come together on June 10, 2000, in a joint reunion of all the classes from the 1930's through the 1950's to celebrate their communal memories of times well spent at Campobello High School; and
Whereas, this gathering of students, graduates, teachers, and trustees exemplifies the best of the spirit of heritage, respect, and hard work which were part of Campobello and rural South Carolina in the years of the existence of this great educational institution. It is fitting that June 10, 2000, be declared "Campobello High School Appreciation Day". Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, recognize the tremendous contribution of Campobello High School, its staff, teachers, and trustees to the Campobello community and surrounding area during the period of the school's existence, commend its students and graduates over the years for their personal accomplishments, outstanding contributions, and exemplary service to their community, the state, and the nation, in times of hardship, economic depression, and war, as well as in the good times of peace and prosperity, congratulate the Campobello High School classes from the 1930's forward on the occasion of their joint "2000" Campobello High School reunion to be held June 10, 2000, and declare June 10, 2000, as "Campobello High School Appreciation Day".
Be it further resolved that a copy of this resolution be forwarded to the Campobello High School Reunion Committee, Campobello.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5080 (Word version) -- Rep. Sheheen: A BILL TO PROVIDE THAT THE CAMDEN HISTORICAL COMMISSION OF KERSHAW COUNTY IS AUTHORIZED TO DEED ITS PROPERTIES TO THE CAMDEN DISTRICT HERITAGE FOUNDATION; TO INSTRUCT THE CLERK OF COURT OF KERSHAW COUNTY TO ENTER IN THE REAL ESTATE INDEX THE CHANGE OF OWNERSHIP OF THE COMMISSION'S PROPERTIES; TO ABOLISH THE CAMDEN HISTORICAL COMMISSION AND DEVOLVE ITS POWERS, DUTIES AND RESPONSIBILITIES UPON THE CAMDEN DISTRICT HERITAGE FOUNDATION AND TO REPEAL ACT 308 OF 1969, AS AMENDED, RELATING TO THE CAMDEN HISTORICAL COMMISSION, ALL ON JUNE 30, 2000.
On motion of Rep. SHEHEEN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 5081 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM AND THEIR FACULTY ADVISER AND SPONSOR, MS. LYNN WASHINGTON, ON CAPTURING THE FIRST PLACE GOLD MEDAL AWARD OF DISTINCTION AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE HELD ANNUALLY IN NEW YORK CITY.
The Resolution was adopted.
On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:
H. 5082 (Word version) -- Rep. Lourie: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM AND OTHER SCHOOL OFFICIALS OF RICHLAND NORTHEAST HIGH SCHOOL ON THURSDAY, MAY 18, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR ACHIEVEMENTS.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Richland Northeast High School's Model United Nations Team and other school officials of Richland Northeast High School on Thursday, May 18, 2000, at a time to be determined by the Speaker for the purpose of being recognized and congratulated on their achievements.
The Resolution was adopted.
The following was introduced:
H. 5083 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE ALVA SELETHA LEWIS OF EDGEFIELD COUNTY ON THE OCCASION OF HER RETIREMENT AS AN EDUCATOR AND PRINCIPAL IN THE PUBLIC SCHOOL SYSTEM OF EDGEFIELD COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5084 (Word version) -- Reps. F. Smith and McMahand: A CONCURRENT RESOLUTION COMMENDING MRS. WINIFRED ANDERSON LYKES OF GREENVILLE COUNTY FOR HER MANY YEARS OF OUTSTANDING SERVICE IN THE FIELD OF EDUCATION, HER COMMITMENT TO IMPROVING HER COMMUNITY, AND DEDICATED SERVICE TO HER CHURCH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HARRELL, with unanimous consent, the following was taken up for immediate consideration:
H. 5085 (Word version) -- Rep. Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE UNIVERSITY OF SOUTH CAROLINA GAMECOCK BASEBALL TEAM, COACHES, SUPPORT PERSONNEL, AND OFFICIALS OF THE UNIVERSITY, ON TUESDAY, MAY 23, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR MAGNIFICENT 2000 SEASON.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Gamecocks' baseball team, coaches, support personnel, and officials of the University of South Carolina on Tuesday, May 23, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on their magnificent 2000 season.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Phillips Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stuart Taylor Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, May 17.
Fletcher Smith Thomas Rhoad Ralph Davenport Ronald Townsend Becky Martin Timothy Wilkes Todd Rutherford Gilda Cobb-Hunter Anthony Harris Jackson Whipper Lewis Vaughn Larry Koon Lynn Seithel Douglas Jennings Richard Quinn Ralph Canty Joseph Neal Harry Askins Henry Brown Jerry Govan
STATEMENT OF ATTENDANCE
Rep. SEITHEL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Tuesday, May 16.
The SPEAKER granted Rep. ALTMAN a leave of absence for today and tomorrow due to business reasons.
The SPEAKER granted Rep. PINCKNEY a leave of absence for the day.
The SPEAKER granted Rep. J. SMITH a leave of absence for the day.
The SPEAKER granted Rep. VAUGHN a temporary leave of absence.
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
Announcement was made that Dr. Richard Kline of Charleston is the Doctor of the Day for the General Assembly.
Rep. ROBINSON moved to reconsider the vote whereby Amendment No. 2 was adopted on S. 1129 and the motion was noted.
The following Concurrent Resolution was taken up:
H. 5086 (Word version) -- Reps. Wilkins, Haskins, D. Smith, Harrison, Harrell, Cato, J. Brown, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2000, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON WEDNESDAY, JUNE 14, 2000, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the House of Representatives, the Senate concurring:
(1) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 1, 2000, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the House of Representatives and Senate adjourn on Thursday, June 1, 2000, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at 10:00 a.m. on Wednesday, June 14, 2000, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Thursday, June 15, 2000, for the following matters and subject to the following conditions, as applicable:
(A) receipt and consideration of gubernatorial vetoes;
(B) receipt, consideration, and confirmation of appointments;
(C) ratification of acts;
(D) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(E) receipt and consideration of amendments on bills received from the other house including concurrence, nonconcurrence, and amendments thereto;
(F) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and receipt and consideration of messages pertaining to such reports and appointments;
(G) receipt and consideration of resolutions expressing sympathy or congratulations; and
(H) receipt and consideration of legislation to continue appropriation authorizations and necessary provisos of Act 100 of 1999 beyond June 30, 2000.
(2) Each house may also provide for local session days during the period between June 1, 2000, and June 14, 2000, for consideration of local legislation which has the unanimous consent of the affected delegation.
(3) The President or President Pro Tempore of the Senate and the Speaker of the House of Representatives may ratify acts at a mutually convenient time between June 1, 2000, and June 14, 2000.
(4) When each house adjourns not later than 5:00 p.m. on Thursday, June 15, 2000, the General Assembly shall stand adjourned sine die.
Rep. WILKINS explained the Resolution.
The Concurrent Resolution was adopted and sent to the Senate.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 5063 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, AND ENDING JUNE 30, 2001.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 5070 (Word version) -- Reps. Emory and J. M. Neal: A BILL TO TRANSFER THE DUTIES OF THE REGISTER OF DEEDS PERFORMED BY THE CLERK OF COURT FOR LANCASTER COUNTY TO THE RECORDS MANAGEMENT DIRECTOR OF LANCASTER COUNTY.
H. 5078 (Word version) -- Reps. Chellis, Young-Brickell and Bailey: A BILL TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN DORCHESTER COUNTY SCHOOL DISTRICT 2 OR 4 WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN DORCHESTER COUNTY SCHOOL DISTRICT 2 OR 4 IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM.
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.
Rep. KELLEY explained the Bill.
H. 5047 (Word version) -- Reps. Parks, Carnell and Klauber: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO RENUMBER THE PRECINCTS AND CHANGE THE MAP NUMBER ON WHICH THE PRECINCTS ARE DESIGNATED.
H. 5058 (Word version) -- Reps. Young-Brickell, Chellis, Bailey, Harrell and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-234 SO AS TO ALTER THE LINES OF CHARLESTON AND DORCHESTER COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
H. 4781 (Word version) -- Rep. W. McLeod: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES FROM ONE TO FOUR LEVELS, OR "CLASSES", AND TO ORGANIZE SUCH LICENSES INTO THREE WELL CONSTRUCTION CATEGORIES: ROCK, COASTAL, AND ENVIRONMENTAL WELLS; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE THE REQUIREMENT FOR A PERCOLATION TEST TECHNICIAN LICENSEE; TO PROVIDE FOR ISSUANCE OF ADMINISTRATIVE CITATIONS FOR BOTH UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN SPECIFIED CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE EXISTING RECIPROCITY POWERS OF THE BOARD TO PERMIT CASE BY CASE ASSESSMENT OF INDIVIDUAL APPLICANTS SEEKING LICENSURE BASED ON LICENSURE IN FOREIGN JURISDICTIONS; TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION; TO ADD CLARIFYING DEFINITIONS; AND TO MODIFY THE CURRENT DEFINITION OF WELL TO INCLUDE ANY EXCAVATION MADE FOR THE PURPOSE OF ENVIRONMENTAL OR GEOLOGIC INVESTIGATION THAT IS REASONABLY LIKELY TO PENETRATE THE WATER TABLE.
Rep. DAVENPORT explained the Bill.
S. 1329 (Word version) -- Senators Peeler and Drummond: 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.
Rep. SHARPE explained the Bill.
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. STUART explained the Joint Resolution.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
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.
The following Bill was read the third time, passed and, 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:
S. 985 (Word version) -- Senators Waldrep and Hayes: A BILL TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SERVES AS A PHARMACY TECHNICIAN AT A FREE CLINIC UNDER THE DIRECT SUPERVISION OF A LICENSED PHARMACIST IS NOT REQUIRED TO REGISTER OR TO PAY A REGISTRATION FEE.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, May 18, which was adopted:
H. 5025 (Word version) -- Reps. Davenport 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.
The following Bill was taken up:
S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: 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.
Reps. TOWNSEND and WALKER proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21307SD00), 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 amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1164 (Word version) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. V. Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short, Rankin and McGill: 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.
Reps. TOWNSEND and WALKER proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21372SD00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. 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 2. 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. ROBINSON raised the Point of Order that the Bill was out of order under Rule 5.13 in that it required an attached fiscal impact statement.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order.
Rep. WALKER moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 283 (Word version) -- Senators Wilson, Giese and Reese: 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. RISER proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21412SD00), which was adopted:
Amend the bill, as and if amended, by striking Section 8-11-180 of the 1976 Code, as contained in SECTION 1, and inserting:
/ "Section 8-11-180. A state employee entitled to annual leave pursuant to Article 7 of this chapter who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay for not more than ten work days in each calendar year to participate in specialized disaster relief services for the American Red Cross. Upon the approval of the employee's employer, the employee must be released from work for this function upon request of the American Red Cross for the services of that employee. This leave is in addition to other leave to which the employee is entitled."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RISER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. CATO, WHATLEY and MEACHAM-RICHARDSON withdrew their requests for debate on S. 1078; however, other requests for debate remained on the Bill.
Upon the withdrawal of a request for debate by Rep. HARRISON, the following Bill was taken up:
H. 4797 (Word version) -- Reps. Knotts, Barrett, Battle, H. Brown, Cato, Chellis, Delleney, Edge, Frye, Gamble, Haskins, Hinson, Huggins, Law, Littlejohn, Maddox, Martin, McCraw, Miller, Rice, Sandifer, Seithel, Simrill, R. Smith, Stuart, Taylor, Townsend, Tripp, Whatley, Wilkins, Witherspoon, Davenport, Robinson, McGee, McKay, Loftis, Riser, Meacham-Richardson and Fleming: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEERS, OR WINES FOR ON PREMISES CONSUMPTION, SO AS TO SUBSTITUTE THE WORD "INTO" FOR "ONTO THE PREMISES OF"; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND TO REQUIRE A PERSON WHO SEEKS TO RENEW A CONCEALABLE WEAPON PERMIT TO COMPLETE A ONE-HOUR COURSE THAT PROVIDES LEGAL UPDATES RELATING TO THE CONCEALABLE WEAPON PERMIT LAWS, AND DEMONSTRATE TO SLED THAT HE HAS A PROFICIENCY IN BOTH THE USE OF HANDGUNS AND STATE LAWS PERTAINING TO HANDGUNS, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22593CM00), which was adopted:
Amend the bill, as and if amended, Section 23-31-210(1), as contained in SECTION 4, by striking lines 10 and 11 on page 4 and inserting:
/ "present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders" /
When amended Section 23-31-210(1) shall read:
"(1) 'Resident' means an individual who is a resident of South Carolina for at least twelve months preceding the date on which an application to carry a weapon is submitted under this section present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders."
Amend the bill further, Section 23-31-215(P), as contained in SECTION 5, by striking lines 34 through 42 on page 8, and lines 1 through 8 on page 9, and inserting:
/ "(2) submission of three one current one-inch by one-inch full color photographs photograph of the applicant; and
(3) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant." /
When amended Section 23-31-215(P) shall read:
"(P) A permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a permit upon:
(1) payment of a fifty-dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;
(2) submission of three one current one-inch by one-inch full color photographs photograph of the applicant; and
(3) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant."/
Renumber sections to conform.
Amend title to conform.
Rep. EASTERDAY explained the amendment.
Rep. EASTERDAY continued speaking.
The amendment was then adopted.
Rep. EASTERDAY proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22636CM00), which was adopted:
Amend the bill, as and if amended, Section 16-23-420(D) as contained in SECTION 1, page 3, by inserting after / buildings / on line 6 / , or who is authorized to carry weapons pursuant to Article 4, Chapter 31 of Title 23 /
Amend title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barfield Barrett Battle Bowers Brown, G. Brown, J. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hinson Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, M. McLeod, W. Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stuart Taylor Tripp 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. SIMRILL withdrew his request for debate on S. 1129; however, other requests for debate remained on the Bill.
Rep. COTTY withdrew his request for debate on the following Joint Resolution:
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.
Reps. TROTTER and KIRSH withdrew their objection and request for debate on S. 934; however, other requests for debate remained on the Bill.
Reps. FLEMING and KNOTTS withdrew their requests for debate on the following Bill, whereupon objections were raised by Reps. J. BROWN and SCOTT:
S. 1078 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.
Reps. DAVENPORT and TROTTER withdrew their requests for debate on S. 304; however, other requests for debate and an objection remained on the Bill.
Rep. MILLER withdrew her request for debate on S. 1129; however, other requests for debate remained on the Bill.
Reps. WHATLEY and TROTTER withdrew their requests for debate on S. 320; however, other requests for debate remained on the Bill.
Reps. CATO, FLEMING and LITTLEJOHN withdrew their requests for debate on H. 4305; however, other requests for debate remained on the Bill.
Upon the withdrawal of requests for debate by Reps. KNOTTS and CATO, the following Bill was taken up:
S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\AMEND\5238DJC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 13, Title 50 of the 1976 Code is amended by adding:
"Section 50-13-385. It shall be unlawful to take or possess large-mouth bass less than twelve inches in length in Lake Wylie located in York County in Game Zone 4. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days."
SECTION 2. This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\5182DJC00), which was adopted:
Amend the bill, as and if amended, page 320-1, line 37, by adding a new SECTION to read:
/ "Section ___. Section 50-13-236 of the 1976 Code as last amended by Act 181 of 1993 is further amended to read:
Section 50-13-236. (A) The department may establish the daily creel limits and size limits on Lake Murray and on all waters of the Saluda River lying between the Lake Greenwood Dam (Buzzard's Roost Dam) and Lake Murray for striped bass (Rockfish) and Black Bass by regulations promulgated and adopted in accordance with Article I, Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285.
(B) Notwithstanding the provisions of subsection (A), the size limit on striped bass (Rockfish) taken from Lake Murray is not in effect during the months of June, July, and August." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. LAW proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\AMEND\5221DJC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 13, Title 50 of the 1976 Code is amended by adding:
"Section 50-13-385. It shall be unlawful to take or possess large-mouth bass less than twelve inches in length in Lake Marion, Lake Moultrie, and in Lake Wylie located in York County in Game Zone 4. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days."
SECTION 2. This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LAW explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3.
Reps. DAVENPORT and SHARPE withdrew their requests for debate on H. 4305; however, other requests for debate remained on the Bill.
The Senate amendments to the following Bill were taken up for consideration:
H. 3029 (Word version) -- Rep. Mason: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.
Rep. CATO 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. 3870 (Word version) -- Reps. J. Smith, Harrison, Altman, Bailey, Bales, Campsen, Dantzler, Davenport, Edge, Emory, Harvin, Hayes, Keegan, Kelley, Lloyd, Lourie, Mack, Martin, McGee, Ott, Sandifer, Sharpe and Stuart: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AGAINST PERSONS CONVICTED OF CRIME, BY ADDING ARTICLE 5 SO AS TO ENACT THE "SOUTH CAROLINA NOTORIETY FOR PROFIT ACT" WHICH SHALL PROVIDE PROCEDURES FOR THE RECOVERY OF PROFITS OBTAINED OR GENERATED FROM THE COMMISSION OF A CRIME BY ELIGIBLE PERSONS OR BY THE STATE OFFICE OF VICTIM ASSISTANCE AND TO REPEAL SECTIONS 15-59-40 THROUGH 15-59-80, RELATING TO MONIES PAID INTO COURT.
Rep. HARRISON 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. 4392 (Word version) -- Rep. Wilkes: A BILL TO AMEND CHAPTER 6 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF AUCTIONEERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF AUCTIONEERS.
Rep. CATO proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\AMEND\12119AC00), which was adopted:
Amend the bill, as and if amended, Section 40-6-10(A) page 17, line 12, by striking after /Governor/ /with the advice and consent of the Senate/ so when amended Section 40-6-10(A) will read:
/ (A) There is created the South Carolina Auctioneers' Commission composed of five members to be appointed by the Governor in accordance with Section 40-1-50. The Governor shall consider nominations from any individual, group, or association. The terms of the members are for three years and until their successors are appointed and qualify. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term only. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO 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. 4972 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
Rep. SHEHEEN moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J. H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.
Rep. CAMPSEN moved to adjourn debate upon the Senate Amendments until Thursday, May 18, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4775 (Word version) -- Ways and Means Committee: GENERAL APPROPRIATION BILL.
Rep. HARRELL 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 Joint Resolution were taken up for consideration:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
Rep. HARRELL 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. 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.
Rep. YOUNG-BRICKELL moved to adjourn debate upon the Senate Amendments until Thursday, May 18, which was agreed to.
Rep. D. SMITH moved that the House recur to the morning hour, which was agreed to.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5074 (Word version) -- Reps. Klauber, Carnell and Parks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF U.S. HIGHWAY 72 FROM ITS INTERSECTION WITH HIGHWAY 702 TO COTHRAN'S BRIDGE AT THE GREENWOOD COUNTY LINE AS THE "HAROLD LUMLEY, SR. HIGHWAY" IN MEMORY OF AN OUTSTANDING AGRICULTURIST AND LEADER IN THE FARMING COMMUNITY, AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
On motion of Rep. FLEMING, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 5074 (Word version) -- Reps. Klauber, Carnell and Parks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF U.S. HIGHWAY 72 FROM ITS INTERSECTION WITH HIGHWAY 702 TO COTHRAN'S BRIDGE AT THE GREENWOOD COUNTY LINE AS THE "HAROLD LUMLEY, SR. HIGHWAY" IN MEMORY OF AN OUTSTANDING AGRICULTURIST AND LEADER IN THE FARMING COMMUNITY, AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
Whereas, Harold Lumley, Sr., a native son and outstanding agriculturist, was born in Greenwood County July 16, 1894 to Percy and Kate Henderson Lumley; and
Whereas, he attended The Citadel, was a 1915 graduate of Erskine College, and played on the All-State Baseball Team; and
Whereas, Mr. Lumley served with distinction in World War II as an officer in the United States Army; and
Whereas, he was married to Camille Jennings Lumley and together they raised their family and farmed on land purchased by his family in 1850; and
Whereas, during Mr. Lumley's ninety-four years and lifetime of farming he experienced dramatic changes in farming technology but stayed abreast with the changing times and successfully farmed his entire life in his native community; and
Whereas, he began farming in the early 1900's as a cotton farmer and became a dairy farmer in the mid 1930's and a beef and cattle farmer in the mid 1970's; and
Whereas, Mr. Lumley was named the Greenwood Agriculturist of the Year in 1980, and at the age of ninety he received the Agriculture Pioneer Award from the Clemson Extension Service; and
Whereas, Mr. Harold Lumley, Sr. was an outstanding agriculturist who was greatly admired and respected for his contributions to the advancement of agriculture in South Carolina, his generosity to fellow farmers, and his leadership in the farming community. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, request the Department of Transportation to name that portion of U.S. Highway 72 from its intersection with Highway 702 to Cothran's Bridge at the Greenwood County line as the "Harold Lumley, Sr. Highway", in memory of an outstanding agriculturist and leader in the farming community, and to request the department to erect appropriate signs and markers reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to The Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 5087 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, 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 TO COMMEND AND CONGRATULATE THE REVEREND DR. AUGUSTUS RODGERS, PASTOR OF I. DEQUINCEY NEWMAN UNITED METHODIST CHURCH IN RICHLAND COUNTY, FOR HIS NINE YEARS OF OUTSTANDING SERVICE AND LEADERSHIP OF THE GREAT HOUSE OF GOD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 5088 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2457, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
On motion of Rep. PERRY, with unanimous consent, the following was taken up for immediate consideration:
H. 5089 (Word version) -- Rep. Perry: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" GOLF TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, MAY 18, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 2000 CLASS AAAA STATE GOLF CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the South Aiken High School "Thoroughbreds" Golf Team, coaches, and other school officials on Thursday, May 18, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 2000 Class AAAA State Golf Championship.
The Resolution was adopted.
The following was introduced:
H. 5090 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" GOLF TEAM AND HEAD COACH, DONNIE HOLLAND, ON CAPTURING THE 2000 CLASS AAAA STATE GOLF CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3:
S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.
Rep. SHARPE moved to adjourn debate on the Bill until Tuesday, May 23, which was agreed to.
The following Bill was taken up:
S. 1164 (Word version) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. V. Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short, Rankin and McGill: 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.
Reps. TOWNSEND and WALKER proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21372SD00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. 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 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Reps. ROBINSON and BALES requested debate on the Bill.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Upon the withdrawal of request for debate by Rep. YOUNG-BRICKELL, the following Bill was taken up:
H. 4305 (Word version) -- Reps. Wilkins, Leach, Delleney, Haskins, Hawkins, Bailey, Vaughn, Altman, Hinson, Cotty, Jennings, Littlejohn and Riser: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTIONS ALLOWING PROBATE JUDGES TO PARTICIPATE IN EITHER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM OR THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND A SIMILAR OPTION TO MASTERS-IN-EQUITY.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name SWB\AMEND\5180HTC00):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 9-11-25 of the 1976 Code, as amended by Act 336 of 1992, is further amended by adding two paragraphs at the end to read:
"Masters-in-equity may elect to participate in either the retirement system established pursuant to this chapter or the South Carolina Retirement System established pursuant to Chapter 1 of this title.
In addition to the fee imposed pursuant to Section 14-11-310(2) for preparation of a deed, there is imposed an additional fee equal to fifteen dollars which must be collected, administered, and disbursed in the same manner as the fee imposed pursuant to Section 14-11-310(2)."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
Rep. KIRSH spoke against the amendment.
Reps. SHEHEEN, DELLENEY and MILLER requested debate on the Bill.
Rep. LAW withdrew his request for debate on H. 4713; however, other requests for debate remained on the Bill.
The Senate amendments to the following Bill were taken up for consideration:
H. 4972 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
Rep. D. SMITH explained the Senate Amendments.
Rep. WALKER moved to adjourn debate upon the Senate Amendments until Thursday, May 18, which was agreed to.
The following Concurrent Resolution was taken up:
H. 5036 (Word version) -- Rep. Seithel: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE LOCATED ON SOUTH CAROLINA HIGHWAY 171 IN CHARLESTON COUNTY WHICH CONNECTS THE MAINLAND TO FOLLY ISLAND THE "LEE WESTBURY BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to name the bridge located on South Carolina Highway 171 in Charleston County which connects the mainland to Folly Island the "Lee Westbury Bridge" and to erect appropriate signs or markers.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5037 (Word version) -- Reps. D. Smith, Allison, Hawkins, Lanford, Walker, Littlejohn, Davenport and Lee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE 85 WHICH IS COMMONLY KNOWN AS BUSINESS I-85 IN SPARTANBURG COUNTY AS THE "RICHARD E. TUKEY VETERANS EXPRESSWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE INTERSTATE CONTAINING THE WORDS "RICHARD E. TUKEY VETERANS EXPRESSWAY" IN RECOGNITION OF THE DISTINGUISHED COMBAT RECORD AND SERVICE OF RICHARD E. TUKEY AND IN HONOR OF THE DISTINGUISHED SERVICE OF SPARTANBURG CITIZENS WHO HAVE SERVED HONORABLY IN THE ARMED FORCES OF THE UNITED STATES IN PEACE AND IN WAR.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, in recognition of the distinguished combat record and service of Richard E. Tukey and in honor of the distinguished service of citizens of Spartanburg who have served honorably in the Armed Forces of the United States in peace and in war, request that the Department of Transportation name the portion of Interstate 85 which is commonly known as Business I-85 in Spartanburg County as the "Richard E. Tukey Veterans Expressway" and install appropriate markers or signs at places along the interstate the department considers advisable containing the words "Richard E. Tukey Veterans Expressway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
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 Thursday, May 18, 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.
The following Bill was taken up:
S. 21 (Word version) -- Senators Leventis, Branton, McConnell, Rankin and Reese: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.
Rep. CAMPSEN proposed the following Amendment No. 3A (Doc Name COUNCIL\NBD\AMEND\11994AC00), which was adopted:
Amend the bill, as and if amended, Section 47-1-40(C) page 21-2, line 12 after /medicine,/ by inserting /agricultural practices, forestry and silvacultural practices, wildlife management practices,/
Amend title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Rep. SEITHEL proposed the following Amendment No. 4A (Doc Name COUNCIL\SKB\AMEND\18405SOM00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 20-7-8505 of the 1976 Code, as last amended by Act 435 of 1998, is further amended to read:
"Section 20-7-8505. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school personnel, as defined in Section 16-3-612, for assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, or for torturing or killing an animal as defined in Section 47-1-40(B), notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."
SECTION 2. Section 47-1-40 of the 1976 Code, as last amended by Act 367 of 1998, is further amended to read:
"Section 47-1-40. (A) Whoever overloads, overdrives, overworks, or ill-treats any animal, or deprives any animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or by omission or commission causes these things to be done, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than four five hundred dollars, or both, for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's or municipal court.
(B)(1) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or by omission or commission causes the acts to be done for any of the offenses is guilty of a misdemeanor felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed two five years and by a fine of five thousand dollars.
(2) When a minor is convicted of or adjudicated delinquent for the offense in subsection (B)(1), the judge shall order, as part of the sentence, that the minor undergo a psychological evaluation.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, or activity authorized by Title 50."
SECTION 3. Section 59-63-370 of the 1976 Code, as last amended by Act 435 of 1998, is further amended to read:
"Section 59-63-370. Notwithstanding any other provision of law:
(1) When a student who is convicted of or adjudicated delinquent for:
(a) assault and battery against school personnel, as defined in Section 16-3-612,;
(b) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity,;
(c) a violent offense as defined in Section 16-1-60,;
(d) an offense in which a weapon as defined in Section 59-63-370 was used,;
(e) or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44; or
(f) torturing or killing an animal as defined in Section 47-1-40(B) is assigned to the Department of Juvenile Justice, the Department of Corrections, or to the Department of Probation, Parole and Pardon Services, that agency is required to provide immediate notice of the student's conviction or adjudication to the senior administrator of the school in which the student is enrolled, intends to be enrolled, or was last enrolled. These agencies are authorized to request information concerning school enrollment from a student convicted of or adjudicated delinquent for an offense listed in this item.
(2) When a student convicted of or adjudicated delinquent for an offense listed in item (1) of this section is not sentenced to incarceration or probation, the presiding judge, shall as part of his sentence, shall order the clerk of the municipal, magistrate, or general sessions court to provide, within ten days, notification of the student's sentence to the appropriate school district for inclusion in the student's permanent record. If the student is under the jurisdiction of the family court and is not referred to the Department of Juvenile Justice, the prosecuting agency must provide notification within ten days to the appropriate school district.
(3) An administrator notified pursuant to this section is required to notify each teacher or instructor in whose class the student is enrolled of a student's conviction of or adjudication for an offense listed in item (1) of this section. This notification must be made to the appropriate teachers or instructors every year the student is enrolled in school.
(4) If a student is convicted of or adjudicated delinquent for an offense listed in item (1) of this section, information concerning the conviction or adjudication and sentencing must be placed in the student's permanent school record and must be forwarded with the student's permanent school records if the student transfers to another school or school district.
A 'weapon', as used in this section, means a firearm, knife with a blade-length of over two inches, dirk, razor, metal knuckles, slingshot, bludgeon, or any other deadly instrument used for the infliction of bodily harm or death."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SEITHEL explained the amendment.
Rep. SEITHEL continued speaking.
Rep. SEITHEL spoke in favor of the amendment.
Rep. HAWKINS spoke in favor of the amendment.
Rep. GAMBLE spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment.
Rep. HASKINS continued speaking.
Rep. HASKINS spoke against the amendment.
Rep. TRIPP spoke against the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. SHARPE moved to table the amendment.
Rep. SEITHEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Brown, G. Campsen Canty Cato Chellis Clyburn Davenport Delleney Easterday Fleming Frye Gourdine Hamilton Harris Harrison Haskins Hayes Hines, M. Hosey Kirsh Klauber Koon Law Leach Littlejohn Lloyd Loftis McCraw McKay McLeod, M. Neal, J.H. Perry Quinn Rhoad Rice Riser Robinson Rutherford Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Taylor Townsend Tripp Trotter Vaughn Walker Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Allen Bales Bowers Breeland Brown, J. Cobb-Hunter Cotty Dantzler Edge Emory Gamble Hawkins Hinson Howard Huggins Jennings Keegan Kelley Kennedy Knotts Lanford Lee Limehouse Lourie Lucas Mack Maddox Martin McGee McLeod, W. Meacham-Richardson Neal, J.M. Neilson Ott Parks Phillips Rodgers Sandifer Seithel Stille Stuart Webb Whatley Whipper Wilder Young-Brickell
So, the amendment was tabled.
Rep. EASTERDAY proposed the following Amendment No. 5A (Doc Name COUNCIL\SKB\AMEND\18452SOM00), which was adopted:
Amend the bill, as and if amended, in Section 47-1-40 as contained in SECTION 1, page [21-1], by striking lines 31-34 and inserting:
/ "Section 47-1-40. (A) Whoever knowingly or intentionally overloads, overdrives, overworks, or ill-treats any animal, or deprives any animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or by omission or commission knowingly or intentionally causes /
Renumber sections to conform.
Amend title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
Rep. TRIPP moved to table the Bill.
Rep. HAWKINS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Frye Koon Littlejohn Loftis Quinn Tripp Witherspoon
Those who voted in the negative are:
Allen Allison Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, J. Campsen Canty Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Gamble Gilham Gourdine Hamilton Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Stille Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkins Woodrum Young-Brickell
So, the House refused to table 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 Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, J. Campsen Canty Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrison Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Taylor Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Frye Koon Littlejohn Tripp
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. YOUNG-BRICKELL moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, Acting Speaker H. BROWN in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.
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. HAYES proposed the following Amendment No. 10 (Doc Name COUNCIL\DKA\AMEND\3887MM00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION 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 and local school board-approved 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.
The amendment was then adopted.
Rep. ASKINS proposed the following Amendment No. 11 (Doc Name COUNCIL\NBD\AMEND\12058AC00):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The third paragraph of Section 9-1-660 of the 1976 Code is amended to read:
"For the purposes of this section, 'fireman' shall mean any means a person who receives his salary from an employer and who is required by the terms of his employment, either by election or appointment, to give his time to prevention and control of property destruction by fire including any employee of a fire related service organization where the service organization supervises the Firemen's Insurance and Inspection Fund. No A fireman shall be is not eligible under this section unless his employer certifies to the system that his service as a fireman will require requires at least one thousand, six hundred hours per each year of active duty and that his salary for such service will be is at least two thousand dollars per each year. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ASKINS explained the amendment.
Rep. ASKINS moved to adjourn debate on the amendment, which was agreed to.
Rep. JENNINGS proposed the following Amendment No. 15 (Doc Name COUNCIL\GJK\AMEND\21423SD00), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. (A) 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 and one-half years and thirty years of service 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."
(B) Notwithstanding the general effective date of this act, this subsection takes effect January 1, 2001. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. KIRSH moved to table the amendment.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Cato Chellis Cotty Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Haskins Hawkins Hinson Keegan Kelley Kirsh Leach Littlejohn Loftis McGee McKay McLeod, W. Moody-Lawrence Neilson Quinn Rice Riser Robinson Rodgers Sandifer Simrill Smith, D. Smith, R. Stille Tripp Vaughn Walker Webb Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Askins Bales Battle Dantzler Emory Harris Hayes Jennings Kennedy Lourie Martin Miller Neal, J.M. Parks Phillips Rhoad Rutherford Scott Sheheen Stuart Taylor Whatley
So, the amendment was tabled.
Rep. JENNINGS proposed the following Amendment No. 16 (Doc Name COUNCIL\GJK\AMEND\21422SD00), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. (A) 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 and one-half years and has thirty years of service 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 and the member's in district expense allowance. 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."
(B) Notwithstanding the general effective date of this act, this subsection takes effect January 1, 2001. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. KIRSH moved to table the amendment.
Rep. RISER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Barrett Campsen Chellis Cooper Cotty Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Law Leach Lee Littlejohn Loftis Lourie Maddox McGee McKay McLeod, W. Meacham-Richardson Neilson Perry Phillips Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Stuart Taylor Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Bales Battle Bowers Brown, G. Brown, J. Clyburn Cobb-Hunter Dantzler Emory Govan Harris Hayes Hosey Jennings Kennedy Koon Lloyd Martin Moody-Lawrence Neal, J.H. Neal, J.M. Parks Rhoad Rutherford Scott Sheheen
So, the amendment was tabled.
Rep. ASKINS proposed the following Amendment No. 11 (Doc Name COUNCIL\NBD\AMEND\12058AC00), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The third paragraph of Section 9-1-660 of the 1976 Code is amended to read:
"For the purposes of this section, 'fireman' shall mean any means a person who receives his salary from an employer and who is required by the terms of his employment, either by election or appointment, to give his time to prevention and control of property destruction by fire including any employee of a fire related service organization where the service organization supervises the Firemen's Insurance and Inspection Fund. No A fireman shall be is not eligible under this section unless his employer certifies to the system that his service as a fireman will require requires at least one thousand, six hundred hours per each year of active duty and that his salary for such service will be is at least two thousand dollars per each year. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ASKINS moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bales Barrett Battle Bowers Brown, G. Brown, H. Brown, J. Carnell Cato Chellis Clyburn Dantzler Easterday Edge Fleming Frye Gamble Govan Hamilton Harrell Harris Harrison Hawkins Hayes Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Koon Leach Littlejohn Lloyd Loftis Lourie Lucas Maddox McGee McKay McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neilson Ott Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sheheen Simrill Smith, R. Stuart Taylor Townsend Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Stille
So, the Bill, as amended, was read the second time and ordered to third reading.
I missed the vote on S. 1204 inadvertently. I would have voted in favor of the bill.
Rep. Mickey Whatley
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), 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 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.
Rep. VAUGHN spoke in favor of the amendment.
Rep. VAUGHN continued speaking.
The amendment was then adopted.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9470HTC00), which was tabled:
Amend the bill, as and if amended, in Section 12-6-3525, as contained in SECTION 1, page 3, by striking subsection (G) and inserting:
/(G) The total credit allowed a taxpayer pursuant to this section in a taxable year is as follows:
Taxable Year Total Credit
Beginning After Allowed
1999 $ 50
2000 100
2001 150
2002 200
2003 250
2004 300
2005 350
2006 400 /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Rep. MOODY-LAWRENCE moved to table the Bill.
Rep. EASTERDAY demanded the yeas and nays, which were not ordered.
The House refused to table the Bill by a division vote of 11 to 40.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Barrett Battle Bowers Brown, H. Carnell Cato Chellis Cotty Dantzler Davenport Easterday Edge Emory Fleming Frye Gamble Gilham Hamilton Harris Harrison Haskins Hayes Hinson Huggins Jennings Keegan Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McGee McKay McLeod, W. Meacham-Richardson Miller Neal, J.M. Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Sheheen Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Clyburn Cobb-Hunter Govan Hines, J. Hosey Kennedy Kirsh Lloyd Mack McMahand Moody-Lawrence Neal, J.H. Ott Parks Scott Sharpe Smith, F. Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. CATO moved to adjourn debate upon the following Bill until Thursday, May 18, 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 dietician 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 dietician 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 dieticians 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 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 a 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 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. PARKS continued speaking.
Rep. PARKS spoke in favor of the amendment.
Rep. EMORY spoke in favor of the amendment.
Rep. KLAUBER spoke against the amendment.
Rep. KLAUBER moved to commit the Bill to the Committee on Labor, Commerce and Industry.
Rep. J. BROWN moved to table the motion.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Bowers Breeland Brown, J. Clyburn Cobb-Hunter Davenport Emory Gamble Govan Hayes Hines, J. Hosey Kennedy Lee Littlejohn Lloyd Lourie Mack Maddox Martin Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Rhoad Rutherford Scott Sheheen Simrill Stuart Webb Whatley Whipper Wilder
Those who voted in the negative are:
Allison Barfield Barrett Battle Brown, G. Brown, H. Carnell Chellis Cooper Cotty Dantzler Easterday Edge Frye Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Loftis Lucas McGee McKay McLeod, W. McMahand Meacham-Richardson Moody-Lawrence Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Smith, D. Smith, R. Stille Taylor Tripp Vaughn Walker Wilkins Young-Brickell
So, the House refused to table the motion.
The question then recurred to the motion to commit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
Rep. KLAUBER moved to adjourn debate upon the following Bill, which was adopted:
H. 4494 (Word version) -- Reps. Klauber, Hawkins, McGee and Simrill: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OR COPYING OF PUBLIC RECORDS AND THE AVAILABILITY OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO AUTHORIZE AN EXPEDITED HEARING BEFORE A CIRCUIT JUDGE IF THE PUBLIC BODY DISAPPROVES RELEASING REQUESTED RECORD AND PROVIDE FOR THE PAYMENT OF COURT COSTS AND ATTORNEY FEES IF THE REQUESTOR IS SUCCESSFUL IN CIRCUIT COURT.
The following Bill was taken up:
H. 4563 (Word version) -- Reps. Lourie, Martin and J. Smith: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM FOR THE EVALUATION OF THE OPERATING RECORD OF A PERSON TO WHOM A DRIVER'S LICENSE HAS BEEN ISSUED AND FOR THE DETERMINATION OF THE CONTINUED QUALIFICATIONS OF THE PERSON TO DRIVE, SO AS TO REVISE THE MAXIMUM SPEED LIMIT ASSOCIATED WITH A FOUR-POINT VIOLATION FOR SPEEDING AND THE MAXIMUM SPEED LIMIT ASSOCIATED WITH A SIX-POINT VIOLATION FOR SPEEDING; AND TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE PENALTIES FOR PERSONS WHO VIOLATE THE SPEED LIMIT WHILE OPERATING A VEHICLE WITH LESS THAN SIX WHEELS AND VEHICLES WITH SIX WHEELS OR MORE, AND TO PROVIDE THAT A PERSON WHO OPERATES A VEHICLE IN EXCESS OF TWENTY-FIVE MILES AN HOUR ABOVE THE POSTED SPEED LIMIT SHALL LOSE HIS PRIVILEGE TO DRIVE FOR SIX MONTHS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18366SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and SECTION 3 in their entirety.
Amend the bill further, Section 56-5-1520(G), as contained in SECTION 2, page 2, by striking / while driving a vehicle with less than six wheels / on line 39.
Amend the bill further, Section 56-5-1520(H), as contained in SECTION 2, page 3, by striking / vehicle with at least six wheels / on line 14, and inserting /commercial motor vehicle which requires the driver to possess a commercial driver's license /.
Amend the bill further, Section 56-5-1520(H)(3), as contained in SECTION 2, page 3, by striking /twenty-five / on line 24 and inserting /twenty /
Amend the bill further, Section 56-5-1520(H)(4), as contained in SECTION 2, page 3, by striking /twenty-five / on line 27 and inserting /twenty /.
So that when amended, the bill shall read:
/ SECTION 1. Section 56-5-1520(G), (H), and (I) of the 1976 Code, as last amended by Act 17 of 1999, is further amended to read:
"(G) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above-posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(H) A person violating the speed limits established by this section while driving a commercial motor vehicle which requires the driver to possess a commercial driver's license is guilty of a misdemeanor, and upon conviction for a first offense, must be fined as follows:
(1) in excess of the posted limit but not in excess of ten miles an hour by a fine of not less than twenty dollars nor more than thirty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than thirty-five dollars nor more than seventy-five dollars;
(3) in excess of fifteen miles an hour but less than twenty miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than one hundred twenty-five dollars; and
(4) in excess of twenty miles an hour above the posted limit by a fine of not less than one hundred twenty-five dollars nor more than three hundred dollars or imprisoned for not more than thirty days, and lose his privilege to drive for six months.
(I) A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.
(I)(J) In expending the funds credited to the state general fund from fines generated under subsection (G), the department first shall consider the need for additional highway patrolmen."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Renumber sections.
Rep. LOURIE explained the amendment.
The SPEAKER granted Rep. LOFTIS a leave of absence for the remainder of the day.
Rep. LOURIE continued speaking.
The amendment was then adopted.
Rep. KNOTTS proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22620CM00), which was tabled:
Amend the bill, as and if amended, Section 56-5-1520(H)(1), as contained in SECTION 1, page 4563-2, by inserting / . Ten dollars of this fine must be placed in the state general fund and used only by the State Transport Police Division of the Department of Public Safety and must not be used when calculating the court assessments contained in Chapter 1 of Title 14 / before the / ; / on line 26.
Amend the bill further, Section 56-5-1520(H)(2), as contained in SECTION 1, page 4563-2, by inserting / . Twenty-five dollars of this fine must be placed in the state general fund and used only by the State Transport Police Division of the Department of Public Safety and must not be used when calculating the court assessments contained in Chapter 1 of Title 14 / before the / ; / on line 29.
Amend the bill further, Section 56-5-1520(H)(3), as contained in SECTION 1, page 4563-2, by inserting / . Fifty dollars of this fine must be placed in the state general fund and used only by the State Transport Police Division of the Department of Public Safety and must not be used when calculating the court assessments contained in Chapter 1 of Title 14 / before the / ; / on line 33.
Amend the bill further, Section 56-5-1520(H)(4), as contained in SECTION 1, page 4563-2, by inserting / . One hundred dollars of this fine must be placed in the state general fund and used by the State Transport Division of the Department of Public Safety and must not be used when calculating the court assessments contained in Chapter 1 of Title 14 / before the / . / on line 37.
Amend title to conform.
Rep. KNOTTS explained the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment, which was agreed to.
Rep. LOURIE proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\AMEND\22619CM00), which was adopted:
Amend the bill, as and if amended, Section 56-5-1520(H), as contained in SECTION 1, by striking lines 19 and 20, and inserting / (H) A person violating the speed limits established in zones where the posted maximum speed limit is at least fifty-five miles an hour while driving a commercial motor vehicle which requires / on page 4563-2.
Amend title to conform.
Rep. LOURIE explained the amendment.
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 Allison Bailey Bales Barfield Barrett Battle Brown, H. Brown, J. Carnell Cato Chellis Clyburn Cotty Dantzler Easterday Edge Emory Fleming Frye Gamble Gilham Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hines, J. Hinson Hosey Huggins Keegan Kelley Kirsh Klauber Knotts Lanford Law Leach Lee Littlejohn Lourie Lucas Maddox Martin McGee McKay McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Young-Brickell
Those who voted in the negative are:
Bowers Brown, G. Davenport Koon Lloyd Rhoad Rutherford Sharpe Witherspoon
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., May 17, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3509:
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J. H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act and the Act enrolled for ratification.
The Senate has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 17, 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 H. 4392:
H. 4392 (Word version) -- Rep. Wilkes: A BILL TO AMEND CHAPTER 6 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF AUCTIONEERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF AUCTIONEERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 17, 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. 962:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 17, 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. 952:
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.
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 17, 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. 4743:
H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "SAFE HAVEN FOR ABANDONED BABIES ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARDS A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.
Very respectfully,
President
On motion of Rep. D. SMITH, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. D. SMITH, CAMPSEN and HARRIS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. TOWNSEND for the Committee on Education and Public Works, submitted a favorable report with amendments.
Rep. J. H. NEAL for the minority, submitted an unfavorable report on:
H. 4335 (Word version) -- Reps. Harrell, Allison, Altman, Barrett, Harrison, Hinson, Klauber, Leach, Loftis, Perry, Rice, Riser, Robinson, Sandifer, Sharpe, Vaughn, Webb, Wilkins, Witherspoon, Young-Brickell, Littlejohn, Wilder, Keegan, Fleming, Woodrum, Simrill, Haskins, McGee, Meacham-Richardson and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-935 SO AS TO PROVIDE THAT STUDENTS AT A SCHOOL WHICH HAS RECEIVED AN "UNSATISFACTORY" UNDER THE EDUCATION ACCOUNTABILITY ACT FOR ITS IMPROVEMENT OR ABSOLUTE GRADE ON ITS REPORT CARD FOR ANY YEAR MAY TRANSFER AT THEIR OPTION TO ANY OTHER SCHOOL WITHIN THE DISTRICT OR TO ANOTHER SCHOOL DISTRICT, AND TO PROVIDE FOR PROCEDURES NECESSARY TO ACCOMPLISH THE ABOVE INCLUDING A TRANSFER OF FUNDING FOR THAT STUDENT IF TRANSFERRING TO ANOTHER DISTRICT.
Ordered for consideration tomorrow.
The following was introduced:
H. 5091 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. BERNARD H. KLINE OF COLUMBIA AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 5092 (Word version) -- Reps. Huggins, Quinn and Riser: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE IRMO HIGH SCHOOL "YELLOW JACKETS" BOYS SOCCER TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 24, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 2000 CLASS AAAA STATE SOCCER CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Irmo High School "Yellow Jackets" Boys Soccer Team, coaches, and other school officials on Wednesday, May 24, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 2000 Class AAAA State Soccer Championship.
The Resolution was adopted.
The following was introduced:
H. 5093 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXTENDING GREETINGS TO THE TONEY FAMILY OF LEE AND SUMTER COUNTIES AND WISHING THE FAMILY MEMBERS WELL AS THEY GATHER JULY 1, 2000, IN ELLIOTT, SOUTH CAROLINA, TO CELEBRATE THEIR SIXTH FAMILY REUNION AND PROUD HISTORY AS SOUTH CAROLINIANS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 1379 (Word version) -- Senators Peeler, Wilson and Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A SUCCESSOR TO THE MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED MAY 9, 1999.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, May 24, 2000, immediately following the election of a member of the South Carolina Consumer Affairs Commission for the purpose of electing a successor to the member of the Legislative Audit Council whose term expired May 9, 1999.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1390 (Word version) -- Senators Anderson, Bryan, J. V. Smith and Thomas: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE REEDY FORK BRIDGE THAT CROSSES THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "JOHN H. CHAPMAN BRIDGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "J. WALTER MOON INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA STATE HIGHWAY 20 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES H. RICE INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF FORK SHOAL ROAD AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES P. WILLIMON INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1391 (Word version) -- Senators Wilson, Ravenel, Grooms, Mescher, Passailaigue, Ford and McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE OFFICERS AND MEN OF THE UNITED STATES NAVAL ARMED GUARD WHO SERVED VALIANTLY WITH THE MERCHANT MARINE DURING WORLD WAR II, ESPECIALLY REMEMBERING AND HONORING THOSE BRAVE SAILORS WHOSE SHIPS WERE SUNK AS THE RESULT OF ENEMY ACTION AND THOSE WHO GAVE THEIR LIVES PROTECTING THE MERCHANT MARINE, AND DEFENDING ESSENTIAL SUPPLIES AND SUPPLY LINES ALL OVER THE WORLD DURING THE CRITICAL DAYS OF WORLD WAR II, AND TO EXPRESS THE GRATITUDE OF ALL SOUTH CAROLINIANS FOR THE SACRIFICE AND SERVICE OF THE MEMBERS OF THE NAVAL ARMED GUARD ON THE OCCASION OF THE RECOGNITION CEREMONY FOR THE NAVAL ARMED GUARD TO BE HELD ON JUNE 7, 2000, WHICH HAS BEEN DECLARED "NAVAL ARMED GUARDS DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5094 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO OPERATION OF PUBLIC PUPIL TRANSPORTATION SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2481, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
S. 1361 (Word version) -- Senator Holland: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.
Referred to Committee on Judiciary
S. 1369 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 20, 2000 BY STUDENTS OF J. N. KELLETT ELEMENTARY SCHOOL IN OCONEE COUNTY FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BOILER MALFUNCTION IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. SANDIFER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5037 (Word version) -- Reps. D. Smith, Allison, Hawkins, Lanford, Walker, Littlejohn, Davenport and Lee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE 85 WHICH IS COMMONLY KNOWN AS BUSINESS I-85 IN SPARTANBURG COUNTY AS THE "RICHARD E. TUKEY VETERANS EXPRESSWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE INTERSTATE CONTAINING THE WORDS "RICHARD E. TUKEY VETERANS EXPRESSWAY" IN RECOGNITION OF THE DISTINGUISHED COMBAT RECORD AND SERVICE OF RICHARD E. TUKEY AND IN HONOR OF THE DISTINGUISHED SERVICE OF SPARTANBURG CITIZENS WHO HAVE SERVED HONORABLY IN THE ARMED FORCES OF THE UNITED STATES IN PEACE AND IN WAR.
H. 5068 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO EXTEND THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SCHOOL OFFICIALS, COACHES, AND MEMBERS OF THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" MEN'S TENNIS TEAM ON THE OCCASION OF WINNING THE 2000 CLASS AAAA STATE TENNIS CHAMPIONSHIP FOR THE THIRD CONSECUTIVE YEAR.
H. 5071 (Word version) -- Reps. Knotts, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, 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 TO RECOGNIZE AND COMMEND THE OFFICERS AND MEN OF THE UNITED STATES NAVAL ARMED GUARD WHO SERVED VALIANTLY WITH THE MERCHANT MARINE DURING WORLD WAR II, ESPECIALLY REMEMBERING AND HONORING THOSE BRAVE SAILORS WHOSE SHIPS WERE SUNK AS THE RESULT OF ENEMY ACTION AND THOSE WHO GAVE THEIR LIVES PROTECTING THE MERCHANT MARINE, AND DEFENDING ESSENTIAL SUPPLIES AND SUPPLY LINES ALL OVER THE WORLD DURING THE CRITICAL DAYS OF WORLD WAR II, AND TO EXPRESS THE GRATITUDE OF ALL SOUTH CAROLINIANS FOR THE SACRIFICE AND SERVICE OF THE MEMBERS OF THE NAVAL ARMED GUARD ON THE OCCASION OF THE RECOGNITION CEREMONY FOR THE NAVAL ARMED GUARD TO BE HELD ON JUNE 7, 2000, WHICH HAS BEEN DECLARED "NAVAL ARMED GUARDS DAY" IN SOUTH CAROLINA.
H. 5072 (Word version) -- Reps. Harrell, 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, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA GAMECOCK BASEBALL TEAM ON BECOMING REGULAR SEASON SOUTHEASTERN CONFERENCE CHAMPIONS FOR 2000, AND SALUTING THE TEAM, COACHES, AND SUPPORT PERSONNEL FOR ALL OF THEIR AMAZING SUCCESS AND ACCOMPLISHMENTS DURING THE 2000 SEASON.
H. 5075 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING THE RIDGE VIEW HIGH SCHOOL "BLAZERS" BOYS SOCCER TEAM, HEAD COACH, KEVIN DARLINGTON, AND HIS STAFF ON WINNING THE 2000 CLASS AAAA LOWER STATE CHAMPIONSHIP.
H. 5077 (Word version) -- Reps. Rhoad, Hosey, 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, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, 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 EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. DON B. STILL OF BARNWELL COUNTY FOR HIS DISTINGUISHED CAREER IN PUBLIC EDUCATION, AND WISHING HIM HAPPINESS AND GOOD HEALTH IN ALL HIS FUTURE ENDEAVORS AS HE RETIRES AS DIRECTOR OF THE BARNWELL COUNTY VOCATIONAL CENTER.
H. 5079 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO RECOGNIZE THE STERLING CONTRIBUTIONS OF CAMPOBELLO HIGH SCHOOL, ITS LOYAL STAFF, DEVOTED TEACHERS, AND DISTINGUISHED TRUSTEES, TO THE CAMPOBELLO COMMUNITY AND SURROUNDING AREA DURING THE PERIOD OF THIS OUTSTANDING SCHOOL'S EXISTENCE, TO COMMEND ITS STUDENTS AND GRADUATES OVER THE YEARS FOR THEIR PERSONAL ACHIEVEMENTS, EXEMPLARY SERVICE, AND TREMENDOUS CONTRIBUTION TO THEIR COMMUNITY, THE STATE, AND THE NATION IN TIMES OF HARDSHIP, ECONOMIC DEPRESSION, AND WAR, AS WELL AS IN THE GOOD TIMES OF PEACE AND PROSPERITY; TO CONGRATULATE THE CAMPOBELLO HIGH SCHOOL CLASSES FROM THE 1930'S FORWARD ON THE OCCASION OF THEIR JOINT "2000" CAMPOBELLO HIGH SCHOOL REUNION TO BE HELD JUNE 10, 2000, AND TO DECLARE JUNE 10, 2000, AS "CAMPOBELLO HIGH SCHOOL APPRECIATION DAY".
H. 5083 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE ALVA SELETHA LEWIS OF EDGEFIELD COUNTY ON THE OCCASION OF HER RETIREMENT AS AN EDUCATOR AND PRINCIPAL IN THE PUBLIC SCHOOL SYSTEM OF EDGEFIELD COUNTY.
H. 5084 (Word version) -- Reps. F. Smith and McMahand: A CONCURRENT RESOLUTION COMMENDING MRS. WINIFRED ANDERSON LYKES OF GREENVILLE COUNTY FOR HER MANY YEARS OF OUTSTANDING SERVICE IN THE FIELD OF EDUCATION, HER COMMITMENT TO IMPROVING HER COMMUNITY, AND DEDICATED SERVICE TO HER CHURCH.
H. 5087 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, 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 TO COMMEND AND CONGRATULATE THE REVEREND DR. AUGUSTUS RODGERS, PASTOR OF I. DEQUINCEY NEWMAN UNITED METHODIST CHURCH IN RICHLAND COUNTY, FOR HIS NINE YEARS OF OUTSTANDING SERVICE AND LEADERSHIP OF THE GREAT HOUSE OF GOD.
At 4:50 p.m. the House, in accordance with the motion of Rep. MILLER, adjourned in memory of Jane Lachicotte of Pawleys Island, to meet at 10:00 a.m. tomorrow.
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