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:

Keep our aims, good Lord, focused on doing Your will. Forbid that we should be cowardly when we should be courageous, confused when we should be calm, fickle when we should be faithful. Keep us strong in the Lord and in the power of His might for You are God forever and ever. Help us to "do unto others as we would have others do unto us," always aware of Your presence which never fails, forgets or forsakes. Keep clear to us the words of the Psalmist; "The Lord is the Strength of my life." (Psalm 27:1) 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. J. BROWN moved that when the House adjourns, it adjourn in memory of Dr. Fred G. Jenkins, which was agreed to.

Rep. LUCAS, from the Chesterfield Delegation, submitted a favorable report on:

H. 4327 (Word version) -- Reps. Lucas, Harris and Neilson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF ANY SCHOOL OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND THE FLOODING THAT FOLLOWED ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN

On motion of Rep. LUCAS, with unanimous consent, the following Joint Resolution was taken up for immediate consideration:

H. 4327 (Word version) -- Reps. Lucas, Harris and Neilson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF ANY SCHOOL OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND THE FLOODING THAT FOLLOWED ARE EXEMPTED 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.

The Joint Resolution was read second time and ordered to third reading.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 418 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSCRIBER CHARGES FOR E-911 SERVICES, SO AS TO ESTABLISH THE AMOUNT OF THE LEVY FOR EACH CMRS CONNECTION AT THE SAME RATE AS THE AVERAGE MONTHLY LOCAL EXCHANGE ACCESS FACILITY 911 CHARGE, AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REVISE THE RESPONSIBILITIES OF THE COMMITTEE AND TO DELETE THE COMMITTEE'S SCHEDULED TERMINATION DATE OF AUGUST 1, 2001.
Ordered for consideration tomorrow.

H. 4271 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 56-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, RENTAL RATES, AND PERMITTED AND PROHIBITED CHARGES, SO AS, AMONG OTHER THINGS, TO ELIMINATE THE PROHIBITION UPON A RENTAL COMPANY OF CHARGING AN ADDITIONAL FEE AS A CONDITION OF RENTING, INCLUDING, BUT NOT LIMITED TO, FUEL SURCHARGES, TO ELIMINATE THE REQUIREMENT THAT THE MEANS OF AVOIDING AIRPORT SURCHARGES MUST BE DISCLOSED CLEARLY AND CONSPICUOUSLY IN ALL ADVERTISEMENTS OF A RENTAL RATE TO WHICH AIRPORT SURCHARGES MAY APPLY, AND TO PROVIDE THAT ONLY AIRPORT FEES THAT ARE REMITTED TO THE AIRPORT MANAGEMENT ARE PERMITTED TO BE SEPARATELY STATED AND COLLECTED.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 1020 (Word version) -- Senators Passailaigue, Saleeby, Hayes, Matthews, Patterson, McConnell, Ford, Reese and Courtney: A BILL TO AMEND SECTION 33-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO INCLUDE AS A FINANCIAL INSTITUTION A FEDERAL OR STATE AGENCY WHICH LENDS OR INVESTS FUNDS, TO DEFINE "LOAN CALL" AND "LOAN CALL AGREEMENT" AND REDEFINE "LOAN LIMITS", AND TO PROVIDE FOR A WRITTEN LOAN AGREEMENT BETWEEN A CORPORATION AND ITS MEMBERS RATHER THAN A STATUTORY LINE OF CREDIT; TO AMEND SECTION 33-37-70, AS AMENDED, RELATING TO TAXATION OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THE STATE TAX EXEMPTIONS ALSO FOR A SUBSIDIARY CORPORATION; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO POWERS OF A BUSINESS

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 4311 (Word version) -- Reps. Sandifer and Emory: A BILL TO AMEND SECTIONS 36-9-301 AND 36-9-312, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN COLLATERAL OTHER THAN INVENTORY, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.
Ordered for consideration tomorrow.

H. 4337 (Word version) -- Reps. Wilkins, Quinn, Cato, Haskins, Loftis, Tripp, Vaughn and Riser: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM NOT LESS THAN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE A BOND OR GUARANTEE TO ACCOMPANY THE PETITION TO BE USED TO REIMBURSE THE COUNTY UNDER CERTAIN CONDITIONS, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED NOT LESS THAN NINETY DAYS AND NOT MORE THAN ONE HUNDRED TWENTY DAYS FROM THE DATE THE PETITION IS CERTIFIED, OR AT THE NEXT GENERAL ELECTION WHICHEVER IS SOONER.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.
Ordered for consideration tomorrow.

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.

The following was introduced:

H. 4578 (Word version) -- Reps. Wilkins, 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,

The following was introduced:

H. 4579 (Word version) -- Reps. Sharpe, Altman, Allison, Barrett, Battle, Cotty, Davenport, Emory, Inabinett, Kirsh, Leach, Littlejohn, Lucas, McCraw, M. McLeod, Miller, Moody-Lawrence, J. H. Neal, Rhoad, D. Smith, Vaughn, Walker, Webb, Wilkes and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR FFA ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 19-26, 2000.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4580 (Word version) -- Reps. Witherspoon and Edge: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO SOIL AND WATER CONSERVATION DISTRICTS.
Referred to Committee on Ways and Means

H. 4581 (Word version) -- Reps. Neilson, J. Hines and Lucas: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE DARLINGTON COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS ARE EXEMPTED 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. LUCAS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4582 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO TERRITORY AND CERTIFICATES OF SEWERAGE UTILITIES AND WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4583 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO CLARIFY THE DEFINITIONS OF "DEMOTION" AND "PROMOTION" WITH REGARD TO EMPLOYEES IN POSITIONS

H. 4584 (Word version) -- Reps. M. McLeod, G. Brown, Inabinett and Whipper: A BILL TO AMEND SECTION 12-51-96, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR REDEMPTION OF A MOBILE HOME SOLD AT A DELINQUENT TAX SALE, SO AS TO REMOVE THE REQUIREMENT THAT NECESSARY PAYMENTS INCLUDE PAYMENT OF RENT.
Referred to Committee on Labor, Commerce and Industry

H. 4585 (Word version) -- Reps. M. McLeod and G. Brown: A BILL TO AMEND SECTION 27-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO AUTHORIZE SERVICE OF THE RULE ON AN OCCUPIED PREMISES AS PROVIDED BY LAW FOR THE SERVICE OF A SUMMONS IN ACTIONS PENDING IN COMMON PLEAS COURT OR ON AN ABANDONED PREMISES BY AFFIXING THE RULE TO THE MOST CONSPICUOUS PART OF THE PREMISES.
Referred to Committee on Judiciary

The Senate sent to the House the following:

S. 1128 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE WARDLAW ACADEMY "PATRIOTS" FOOTBALL TEAM OF EDGEFIELD COUNTY ON CAPTURING THE 1999 SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION (SCISA) CLASS A STATE CHAMPIONSHIP TITLE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

On motion of Rep. STUART, with unanimous consent, the following was taken up for immediate consideration:

H. 4586 (Word version) -- Rep. Stuart: A HOUSE RESOLUTION CONGRATULATING THE SWANSEA TIGER MARCHING BAND OF SWANSEA HIGH SCHOOL IN LEXINGTON COUNTY UPON CAPTURING THE 1999 CLASS AA STATE MARCHING BAND CHAMPIONSHIP, AND EXTENDING TO ITS BAND DIRECTORS AND MEMBERS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 10, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THIS GREAT ACCOMPLISHMENT.

Whereas, the members of the South Carolina House of Representatives note with great pride the recent accomplishment of the Swansea Tiger Marching Band of Swansea High School in Lexington County upon capturing the 1999 Class AA State Marching Band Championship; and

Whereas, the Swansea Tiger Marching Band is the only band in the history of this State to win a state championship title during its first year of qualifying for the State Marching Band finals; and

Whereas, Band Director, Bryan Bone, his Assistant Director, Tom Henke, and the members of the Swansea Tiger Marching Band have brought honor to Swansea High School through their dedication, hard work, and commitment to excellence and by the many personal sacrifices they have made in furtherance of the Swansea Tiger Marching Band program; and

Whereas, the parents of the members of the Swansea Tiger Marching Band and the residents of the Swansea community are also to be highly commended for their support and fund-raising efforts which made this achievement possible. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives congratulate the Swansea Tiger Marching Band of Swansea High School in Lexington

Be it further resolved that a copy of this resolution be forwarded to Band Director, Bryan Bone, and to Swansea High School Principal, Larry Rabon.

The Resolution was adopted.

On motion of Rep. HARRELL, with unanimous consent, the following was taken up for immediate consideration:

H. 4587 (Word version) -- Rep. Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY ON WEDNESDAY, FEBRUARY 9, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO EXPRESS OUR APPRECIATION TO THE SOUTH CAROLINA PORTS AUTHORITY FOR ITS OUTSTANDING CONTRIBUTIONS TO THE STATE'S ECONOMY.

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 members of the Board of the South Carolina Ports Authority on Wednesday, February 9, 2000, at a time to be determined by the Speaker, to express our appreciation to the South Carolina Ports Authority for its outstanding contributions to the State's economy.

The Resolution was adopted.

The following was introduced:

H. 4588 (Word version) -- Reps. Taylor, Wilder and Carnell: A HOUSE RESOLUTION TO CONGRATULATE SHERIFF JIM MOORE OF LAURENS COUNTY AND COMMEND THE LAURENS COUNTY SHERIFF'S OFFICE FOR ATTAINING THE FIRST SOUTH CAROLINA LAW ENFORCEMENT ACCREDITATION COUNCIL'S CERTIFICATE IN RECOGNITION OF THE LAURENS COUNTY SHERIFF OFFICE'S DEDICATION TO LAW ENFORCEMENT PROFESSIONALISM.

The Resolution was adopted.

The roll call of the House of Representatives was taken resulting as follows:

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Campsen
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Frye                   Gamble
Gilham                 Gourdine               Hamilton
Harrell                Harrison               Harvin
Haskins                Hawkins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 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.H.             Neal, J.M.
Ott                    Parks                  Perry
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Smith, D.              Smith, F.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

I came in after the roll call and was present for the Session on Wednesday, February 9.

Gary Simrill                      Denny Neilson
Robert Sheheen                    Jackson Whipper
Bill Cotty                        Anthony Harris
Larry Koon                        Ralph Canty
Timothy Wilkes                    James Smith
Jerry Govan                       Richard Quinn
Becky Martin

The SPEAKER granted Rep. MARTIN a temporary leave of absence due to illness.

The SPEAKER granted Rep. ASKINS a leave of absence due to illness in the family.

The SPEAKER granted Rep. LANFORD a leave of absence due to medical reasons.

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, February 8.

Announcement was made that Dr. Thomas E. Gibbons of Columbia is the Doctor of the Day for the General Assembly.

Rep. HARRELL and the Charleston Delegation presented to the House members of the Board of the South Carolina Ports Authority recognizing its outstanding contribution to the state's economy.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 4345 (Word version)
Date:   ADD:
02/09/00   RODGERS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 943 (Word version) -- Senators Mescher, Passailaigue, Grooms and Branton: A BILL TO AMEND SECTION 2 OF ACT 1093 OF 1966, AS LAST AMENDED BY ACT 603 OF 1971, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION IN

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 4546 (Word version) -- Reps. Harvin and M. McLeod: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO SCHOOL DAYS MISSED IN SEPTEMBER, 1999, AND UP TO TWO SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND DUE TO ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS, RESPECTIVELY, ARE EXEMPTED 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.

H. 4549 (Word version) -- Reps. Hayes and M. Hines: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF THE THREE DILLON COUNTY SCHOOL DISTRICTS DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER ARE EXEMPTED 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.

H. 4551 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 24 AND 25, 2000, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS AND THE SCHOOL DAY OF JANUARY 26, 2000, BY THE STUDENTS OF ALMA ELEMENTARY SCHOOL IN CHEROKEE COUNTY DUE TO A LACK OF ELECTRICITY FOR SCHOOL YEAR 1999-2000 ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT

H. 4304 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 40-57-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, SO AS TO CLARIFY CERTAIN CIRCUMSTANCES UNDER WHICH A TRUST ACCOUNT MUST BE ESTABLISHED AND MAINTAINED.

H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Tuesday, February 15, which was adopted:

H. 4520 (Word version) -- Reps. Robinson, Rice, Webb and Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 19, 2000, BY THE STUDENTS AND TEACHERS OF GETTYS MIDDLE SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED 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.

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 4524 (Word version) -- Rep. Easterday: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENVILLE COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER 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 THOSE SCHOOLS 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 INDEPENDENT OF THE SCHOOL'S CONTROL.

H. 4568 (Word version) -- Reps. Klauber and Carnell: A BILL TO PROVIDE THAT WHERE THE POLLING PLACE OF A VOTING PRECINCT IS LOCATED WITHIN A SCHOOL IN GREENWOOD COUNTY, NO CHARGE MAY BE MADE FOR THE USE OF THAT POLLING PLACE DURING A GENERAL, SPECIAL, OR PRIMARY ELECTION OR REFERENDUM OF ANY TYPE WHETHER BINDING OR ADVISORY.

The following Bill was taken up:

H. 3903 (Word version) -- Reps. Edge and Kelley: A BILL TO AMEND CHAPTER 7, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, SO AS TO ADD SECTION 5-7-145, PROVIDING THAT COASTAL MUNICIPALITIES HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, TO PROVIDE THAT THE MUNICIPALITIES MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO AMEND

Rep. EDGE moved to table the Bill, which was agreed to.

The following Bill was taken up:

S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.

Reps. KNOTTS, FLEMING, TROTTER, COOPER, ALTMAN, DAVENPORT and BALES requested debate on the Bill.

The following Bill was taken up:

H. 3889 (Word version) -- Rep. Edge: A BILL TO AMEND CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIMESHARING PLANS, BY ADDING ARTICLE 3, SO AS TO PROVIDE PROCEDURES FOR THE FORECLOSURE OF LIENS ON TIMESHARE ESTATES; AND TO DESIGNATE SECTIONS 27-32-10 THROUGH 27-32-250 AS ARTICLE 1, CHAPTER 32, TITLE 27, ENTITLED "VACATION TIME SHARING PLANS".

Reps. FLEMING, KNOTTS, TROTTER, COOPER, WHATLEY, ALTMAN, SHARPE, R. SMITH, BALES and HAYES requested debate on the Bill.

The following Bill was taken up:

H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, Kirsh, McGee and Meacham-Richardson: A BILL TO AMEND SECTION 59-40-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS AND THE ADMISSION OF STUDENTS TO CHARTER SCHOOLS, SO AS TO PROVIDE THAT STATE FORMULA FUNDING FOR A CHARTER SCHOOL SHALL BE COMPUTED WITHOUT REGARD TO THE RACIAL COMPOSITION OF THE CHILDREN ELIGIBLE TO ATTEND THE SCHOOL AND TO DELETE A REQUIREMENT THAT CHARTER SCHOOL ENROLLMENT MAY NOT DIFFER FROM THE RACIAL COMPOSITION OF THE SCHOOL DISTRICT BY MORE THAN TEN PERCENT.

Reps. TOWNSEND, COOPER, TROTTER, KNOTTS, LITTLEJOHN, FLEMING, YOUNG-BRICKELL, BARRETT, ALLISON, WALKER, R. SMITH, SHARPE, ALTMAN, HARRELL,

Reps. KENNEDY, MOODY-LAWRENCE, T. BROWN, WHIPPER, MACK, MCMAHAND, F. SMITH, M. HINES, GOURDINE, J. HINES, INABINETT, BREELAND, CLYBURN, HOSEY, PARKS, SCOTT, LLOYD, J. BROWN, J. H. NEAL, COBB-HUNTER, PINCKNEY and LEE objected to the Bill.

The Senate amendments to the following Bill were taken up for consideration:

H. 4478 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN UNION COUNTY, SO AS TO DELETE THE LOCATIONS OF THE POLLING PLACES AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE BOARD OF ELECTION AND REGISTRATION OF UNION COUNTY WITH THE APPROVAL OF A MAJORITY OF THE UNION COUNTY LEGISLATIVE DELEGATION, AND DESIGNATE A MAP NUMBERED ON WHICH LINES OF THE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

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.

Rep. ALTMAN moved that the House recede until 12:00 noon.

Rep. WEBB demanded the yeas and nays which were taken, resulting as follows:

Altman                 Davenport              Fleming
Hosey                  Kennedy                Limehouse
Loftis                 Trotter                Whipper

Those who voted in the negative are:

Allison                Bales                  Barfield
Barrett                Battle                 Brown, G.
Brown, H.              Campsen                Chellis
Cobb-Hunter            Dantzler               Delleney
Edge                   Emory                  Frye
Gamble                 Gilham                 Harrell
Harris                 Harrison               Harvin
Haskins                Hayes                  Hines, M.
Hinson                 Huggins                Jennings
Kelley                 Koon                   Law
Littlejohn             Lucas                  Mack
Maddox                 McGee                  McKay
McLeod, W.             McMahand               Meacham-Richardson
Neal, J.M.             Neilson                Ott
Parks                  Phillips               Rice
Riser                  Rodgers                Rutherford
Sandifer               Simrill                Smith, D.
Smith, F.              Smith, R.              Stille
Stuart                 Taylor                 Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Woodrum
Young-Brickell

So, the House refused to recede.

The motion period was dispensed with on motion of Rep. TROTTER.

Rep. KEEGAN moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted:

H. 4017 (Word version) -- Ways and Means Committee: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.

The following Bill was taken up:

S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.

Rep. KNOTTS proposed the following Amendment No. 7 (Doc Name COUNCIL\PT\AMEND\1838DW00), which was adopted:
Amend the bill, as and if amended, page 8, line 12, by inserting after /assumed/ / or provided /.
Amend further, line 13, by inserting after /services./ / The notice must include a projected timetable for the provision or assumption of these services. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KNOTTS explained the amendment.
Rep. KNOTTS spoke in favor of the amendment.
The amendment was then adopted.

Rep. RODGERS moved to adjourn debate on the Bill until Wednesday, February 16, which was agreed to.

The following Bill was taken up:

H. 3889 (Word version) -- Rep. Edge: A BILL TO AMEND CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIMESHARING PLANS, BY ADDING ARTICLE 3, SO AS TO PROVIDE PROCEDURES FOR THE FORECLOSURE OF LIENS ON TIMESHARE ESTATES; AND TO DESIGNATE SECTIONS 27-32-10 THROUGH 27-32-250 AS ARTICLE 1, CHAPTER 32, TITLE 27, ENTITLED "VACATION TIME SHARING PLANS".

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PSD\AMEND\7053DJC00), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 27-32-310(11)(b), page 3, lines 18 through 22, by striking the last sentence of Section 27-32-310(11)(b).
When amended, Section 27-32-310(11) shall read:
/   (11)(a)   an express written agreement in a mortgage identifying the mortgagor, mortgagee, and the trustee; or

(b)   an express written provision in a timeshare instrument identifying the managing entity and the trustee which authorizes the trustee to sell the timeshare estate without judicial action at a foreclosure sale regularly conducted and duly held in accordance with this article.   /
Amend the bill, as and if amended, SECTION 1, Section 27-32-320, page 7, lines 4 through 7, by striking subparagraph (C).
When amended, Section 27-32-320 shall read:
/   Section 27-32-320.   (A)   In order to foreclose a mortgage lien pursuant to this article, the following conditions must have been met:

(1)   The mortgage recorded in the public records of the county in which the timeshare estate being foreclosed is located must contain a statement in conspicuous type in substantially the following form:

'There is a mortgage lien against your timeshare estate which must be repaid in accordance with this mortgage. Your failure to make timely payments required by this mortgage may result in foreclosure of the mortgage lien. Mortgagor acknowledges that if the obligations established by this mortgage are not satisfied and mortgagor does not cure such default in accordance with the terms hereof, then the mortgage lien created by this mortgage can be foreclosed through a

(2)   The mortgage, promissory note, or a separate instrument signed by the mortgagor must contain the mortgagor's notice address.

(B)   In order to foreclose an assessment lien pursuant to this article, the following conditions must have been met:

(1)   The timeshare instrument recorded in the public records of the county in which the timeshare estate being foreclosed is located must contain a statement in conspicuous type in substantially the following form:

'Each owner understands that if the obligations owed for assessments of the association and for ad valorem taxes and special assessments are not satisfied and owner does not timely cure such default, then the lien securing the payment of such obligations can be foreclosed through a nonjudicial procedure in accordance with Article 3, Chapter 32, Title 27, Code of Laws of South Carolina, 1976, as amended. Owner understands that he or she will not be subject to a

(2)   The public offering statement text must contain a statement in conspicuous type in substantially the following form:

'There is a lien or lien right against each timeshare estate to secure the payment of assessments or other amounts due from owners to the association in accordance with the operating budget and special assessments and to secure payment of assessments for ad valorem real estate taxes. A purchaser's failure to make such required payments may result in foreclosure of an assessment lien. Assessment liens may be foreclosed in accordance with judicial procedures established by law or a nonjudicial procedure established by Article 3, Chapter 32, Title 27, Code of Laws of South Carolina, 1976, as amended. By purchasing a timeshare estate in the timeshare plan described in this public offering statement, purchaser acknowledges and agrees that any assessment lien against the timeshare estate owned by purchaser may be foreclosed by a nonjudicial procedure and agrees that the notice of a foreclosure by a nonjudicial procedure may be made by the use of certified or registered mail. Purchaser is required to provide an address

(3)   As to any timeshare instrument recorded prior to the effective date of this article, an amendment to the timeshare instrument must include the notice required by subparagraph (1) of this subsection and upon approval of the amendment to the timeshare instrument, a copy of the amendment must be sent by the managing entity to each timeshare estate owner. The amendment must be approved by the association by the vote required for amendments to the timeshare instrument as provided in the timeshare instrument or, if there is no such provision, on the affirmative vote of a majority of the owners of the association. If an amendment is adopted, the notice required under subparagraph (2) of this subsection is not required to be given to existing owners.   /
Amend the bill, as and if amended, in SECTION 1, Section 27-32-325(E), by adding after /this article./ on line 31, page 10, /Diligent search and inquiry includes the hiring of a licensed process server./
When amended, Section 27-32-325(E) shall read:

/   (E)   If the trustee is unable to perfect notice pursuant to either subsection (A) or subsection (B) because the copy of the notice mailed by certified or registered mail is returned by the United States Post Office as 'undeliverable' or for any other reason and if by a diligent search and inquiry the trustee cannot obtain a different address for the obligor with which the trustee must repeat the mailing required by subsection (A), the trustee may perfect notice by publication in a newspaper of general circulation in the county in which the timeshare estate is located, once a week for two successive weeks, and by delivery of a copy of the notice to the obligor by first-class mail to the notice address of the obligor and to any other address of the obligor obtained through the trustee's diligent search and inquiry. If notice is perfected by publication under this subsection, the trustee must attach an affidavit of publication to the certificate of compliance set forth in Section 27-32-340 and must state that the notice was perfected by publication after diligent search and inquiry was made for the obligor's address, attaching the returned envelope with the notation from the United States Post Office. No other action of the trustee is necessary to perfect notice. If the diligent search and inquiry has produced a different address than the notice address, such address may then be used in lieu of the notice address of the obligor for subsequent mailings

(B)   Nothing in this article shall be construed to impair the right of any person to assert his or her legal and equitable rights in a court of competent jurisdiction; however, no such action may be pursued to set aside a sale or void a trustee's deed subsequent to the recordation of the trustee's deed.

(C)   The procedures in this article shall be given effect in the context of any proceedings or procedures set forth in this chapter.

(D)   If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application. To this end, the provisions of this article are declared severable.

(E)   Notwithstanding anything to the contrary, a managing entity shall release the address of the owner of a timeshare estate to a lienholder who can demonstrate that the timeshare estate is subject to an assessment lien or a mortgage lien held by such lienholder. Such information may be used by the lienholder solely for purposes of complying with the foreclosure procedures described in this article."   /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.
The amendment was then adopted.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Allen                  Bailey                 Bales
Barfield               Barrett                Bowers
Breeland               Brown, H.              Chellis
Clyburn                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Emory                  Frye
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harris                 Harrison               Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Huggins                Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  McCraw
McGee                  McKay                  McLeod, M.
McLeod, W.             McMahand               Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.M.
Neilson                Ott                    Perry
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Sharpe                 Simrill                Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Those who voted in the negative are:

Brown, G.

So, the Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up:

H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, Kirsh, McGee and Meacham-Richardson: A BILL TO AMEND SECTION 59-40-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS AND THE ADMISSION OF STUDENTS TO CHARTER SCHOOLS, SO AS TO PROVIDE THAT STATE FORMULA FUNDING FOR A CHARTER SCHOOL SHALL BE COMPUTED WITHOUT REGARD TO THE RACIAL COMPOSITION OF THE CHILDREN ELIGIBLE TO ATTEND THE SCHOOL AND TO DELETE A REQUIREMENT THAT CHARTER SCHOOL ENROLLMENT MAY NOT DIFFER FROM THE RACIAL COMPOSITION OF THE SCHOOL DISTRICT BY MORE THAN TEN PERCENT.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20948SD00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 40, Title 59 of the 1976 Code is amended to read:

Section 59-40-10.   This chapter is known and may be cited as the 'South Carolina Charter Schools Act of 1996'.

Section 59-40-20.   This chapter is enacted to:

(1)   improve student learning;

(2)   increase learning opportunities for students;

(3)   encourage the use of a variety of productive teaching methods;

(4)   establish new forms of accountability for schools;

(5)   create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and

(6)   assist South Carolina in reaching academic excellence.

Section 59-40-30.   In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities is actively pursued, and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education.

Section 59-40-40.   As used in this chapter:

(1) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school which operates within a public school district, but is accountable to the local school board of trustees of that district, which grants its charter.

(2)   A charter school:

(a)   is considered a public school and part of the school district in which it is located for the purposes of state law and the state constitution;

(b)   is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;

(c)   must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected in the manner as provided in Section 59-40-50(B)(8)(9);

(d)   shall not charge tuition or other charges of any kind except as may be allowed by the sponsor.

(3)   'Applicant' means the person who desires to form a charter school and files the necessary application therefor with the local school board of trustees. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.

(4) 'Sponsor' means the local school board of trustees established as provided by law, from which the charter school applicant requested

(5)   'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualification outlined in Sections 59-27-10 and 59-25-115.

(6)   'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school.

(7)   'Charter committee' means the governing body of a charter school and also shall be formed by the applicant to govern through the application process and until the election of a board of directors is held. After the election, the board of directors of the corporation which must be organized as the governing body and the charter committee is dissolved.

Section 59-40-50.   (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.

(B)   A charter school shall must:

(1)   adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district;

(2)   meet, but may exceed, the same minimum student attendance requirements as are applied to public schools operating in the same district;

(3)   adhere to the same financial audits, audit procedures, and audit requirements as are applied to public schools operating in the same school district;

(4)   be considered a school district for purposes of tort liability under South Carolina law, except that the tort immunity shall does not include acts of intentional or wilful racial discrimination by the governing body or employees of the charter school. Employees of charter schools shall must be relieved of personal liability for any tort or contract related to their school to the same extent that employees of traditional public schools in their school district are relieved;

(5)   in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall hire in its discretion hire noncertified teachers in a ratio of up to ten percent of its entire teacher staff.

(6)   hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified in the field of school administration;

(6)(7)   admit all children eligible to attend public school in a school district who are eligible to apply for admission to a charter school operating in that school district, subject to space limitations. However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent. If the number of applications exceeds the capacity of a program, class, grade level, or building, students shall must be accepted by lot, and there is no appeal to the sponsor;

(7)(8)   not limit or deny admission or any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, and children of a charter school employee, and children of the charter committee, provided their enrollment does not constitute more than twenty-five percent of the enrollment of the charter school;

(8)(9)   elect its governing body board of directors annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school shall be are eligible to participate in the election. Parents or guardians of a student shall have one vote for each student enrolled in the charter school. At all times, the governing body of the charter school shall must include one or more teachers;

(9)(10)   be subject to the Freedom of Information Act, including the charter school and its governing body.

(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the school board of trustees. The decision shall be is binding on the student and the charter school.

(2)   If a charter school suspends or expels a student, the school district shall have has the authority but not the obligation to refuse admission to the student.

(3)   The sponsor shall have has no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school.

Section 59-40-60.   (A)   An approved charter application constitutes an agreement, and the terms shall must be the terms of a contract between the charter school and the sponsor.

(B)   The contract between the charter school and the sponsor shall reflect all agreements regarding the release of the charter school from local school district policies.

(C)   A material revision of the terms of the contract between the charter school and the approving board may be made only with the approval of both parties.

(D)   Except as provided in subsection (F), an applicant who wishes to form a charter school shall:

(1) organize the charter school as a nonprofit corporation under pursuant to the laws of this State;

(2) elect a charter committee for the charter school which includes one or more teachers;

(3) submit a written charter school application to the local school board of trustees for the school district in which the charter school will is to be located.

(E) A charter committee shall be is responsible for and have has the power to:

(1)   submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law;

(2)   employ and contract with teachers and nonteaching employees, contract for other services, and develop pay scales, performance criteria, and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers as provided by law before they may teach in the charter school; and

(3)   decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.

(F) The charter school application shall be a proposed contract and shall must include:

(1)   the mission statement of the charter school, which must be consistent with the principles of the General Assembly's purposes as set forth in pursuant to Section 59-40-20;

(2)   the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter school's admission policies and procedures;

(3)   evidence that an adequate number of parents, teachers, pupils, or any combination thereof of them support the formation of a charter school;

(4)   a description of the charter school's educational program, pupil achievement standards, and curriculum, which must meet or exceed any content standards adopted by the school district in which the charter school is located and must be designed to enable each pupil to achieve these standards;

(5)   a description of the charter school's plan for evaluating pupil achievement and progress toward accomplishment of the school's achievement standards in addition to state assessments, the timeline for meeting these standards, and the procedures for taking corrective action in the event if that pupil achievement falls below the standards;

(6)   evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted;

(7)   a description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school;

(8)   a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district provide assurance that the school does not conflict with any school district desegregation plan or order in effect;

(9)   a description of how the charter school plans to meet the transportation needs of its pupils;

(10)   a description of the building, facilities, and equipment and how they shall be are obtained;

(11)   an explanation of the relationship that shall exist exists between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees;

(12)   a description of a reasonable grievance and termination procedure as required by this chapter, including notice and a hearing before the governing body of the charter school. The application shall must state whether or not the provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at the charter school;

(13)   a description of student rights and responsibilities, including behavior and discipline standards, and a reasonable hearing procedure, including notice and a hearing before the board of directors of the charter school prior to before expulsion;

(14)   an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school will must indemnify and hold harmless the school district, its servants, agents, and employees, from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to persons or property or otherwise which arises out of the act, failure to act, or negligence of the charter school, its agents and employees, in connection with or arising out of the activity of the charter school; and

(15)   a description of the types and amounts of insurance coverage to be obtained by the charter school.

Section 59-40-70.   (A) The local school board may establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. If the local school district or board finds determines the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant.

(B)   After giving reasonable public notice, the local school board shall hold community meetings in the affected areas or the entire school district to obtain information to assist it in their decision to grant a charter school application. The local school board shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within ninety days after receiving the application. If there is no ruling within ninety days, the application is considered approved.

(C)   A local school board of trustees shall only deny an application only if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects other students in the district. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shall must be sent to the charter committee and filed with the State Board of Education.

(D)   If the local school board of trustees denies a charter school application, the charter applicant may amend its application to conform with the reasons for denial and reapply to the local board, which has

(E)   If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which shall constitute constitutes a contract with the charter committee of the charter school. A copy of the charter shall must be filed with the State Board of Education.

Section 59-40-80.   A local school board may shall conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates verifies that such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.
Section 59-40-90.   (A)   The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.

(B)   A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees with a notice of appeal within ten days of the local board's decision.

(C)   If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process shall must be:

(1)   within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm, reverse, or remand the application for action by the local board in accordance with an order of the state board. If the state board remands the application, it shall do so with written instructions for reconsideration. Both the applicant and the local school board shall have the opportunity to communicate with the State Board of Education regarding the written instructions. These instructions shall must include specific recommendations concerning the matters requiring reconsideration;

(2)   within thirty days following the remand of a decision to the local board of trustees and with reasonable public notice, the local school board of trustees, at a public hearing, shall reconsider its decision and make a final decision. No further administrative appeal may be taken from this decision. However, any final decision of the local school board of trustees after remand from the state board or a final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.

Section 59-40-100.   (A)   An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. All parents or legal guardians of students enrolled in the school must be given the opportunity to vote on the conversion. The application shall must be submitted by the principal of that school or his designee who shall must be deemed considered the applicant. The application shall must include all information required of other applications under pursuant to this chapter. The local school board of trustees shall approve or disapprove this application in the same manner it approves or disapproves other applications.

(B)   A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings.

(C)   All students enrolled in the school at the time of conversion must be given priority enrollment.

(D)   Teachers and other employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district with the same compensation and benefits including any future increases therein. The converted charter school quarterly shall reimburse the local school district for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees. The provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at a converted school.

Section 59-40-110.   (A)   A charter may be approved or renewed for a period not to exceed three of five school years.

(B)   A charter renewal application shall must be submitted to the school's sponsor, and it shall must contain:

(1)   a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and

(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that will allow allows comparison of these costs to other schools or other comparable organizations, in a format required by the State Board of Education.

(C) A charter may must be revoked or not renewed by the sponsor if it determines that the charter school:

(1) committed a material violation of the conditions, standards, or procedures set forth provided for in the charter application;

(2)   failed to meet or make reasonable progress toward pupil achievement standards identified in the charter application;

(3)   failed to meet generally accepted standards of fiscal management; or

(4)   violated any provision of law from which the charter school was not specifically exempted.

(D)   At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action in writing. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure set forth herein provided for in this section.

(E)   The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days shall must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.

(F)   A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.

Section 59-40-120.   Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts shall must be returned to that entity. All other assets become property of the sponsor.

Section 59-40-130.   (A)   If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date under provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option with the same teaching or administrative contract status as when they left, but without assurance as to the school or supplemental position to which they may be assigned.

(B)   During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.

(C)   The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation shall be are governed by Section 59-40-100(C).

Section 59-40-140.   (A)   A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment shall must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding shall must be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application.

(B)   During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. These amounts must be verified by the State Department of Education before the first disbursement of funds.

(C)   Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall must be directed to charter schools. The proportionate share of funds generated under other federal or state categorical aid programs shall must be directed to charter schools serving students eligible for the aid.

(D)   All services centrally or otherwise provided by the school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school district.

(E)   All awards, grants, or gifts collected by a charter school shall must be retained by the charter school.

(F)   The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts or donation shall be a requirement required for admission. However, no gift, donation, or grant may be accepted by the governing board if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the governing body.

(G)   A charter school shall report to its sponsor and the Department of Education any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.

(H)   The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.

(I)   Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by

(J)   Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.

Section 59-40-145.   A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence. If the student transfers to a charter school outside his district of residence, the school district where the child resides shall pay to the charter school where the child is transferring an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting pursuant to Section 59-20-40 of the Education Finance Act. The charter school where the child is transferring shall count the child for all funding sources, both state and federal.

Section 59-40-150.   (A)   The Department of Education shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.

(B)   At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.

(C)   The department shall bear the cost of complying with this section.

Section 59-40-160.   (A)   The State Board of Education shall compile evaluations of charter schools received from local school boards of trustees. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.

(B)   The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.

(C)   In preparing the report required by this section, the State Board of Education shall compare the academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.

Section 59-40-170.   The Department of Education, in conjunction with the Budget and Control Board, shall publish annually make available, upon request, a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this State or by school districts in this State and that may be suitable for the operation of a charter school. The department shall make the list available to applicants for charter schools and to existing charter schools. The list shall must include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given first refusal to purchase or lease the building under no more than the same terms and conditions it would be offered to the public.

Section 59-40-180.   The State Board of Education shall promulgate regulations necessary to implement the provisions of this chapter.

Section 59-40-190.   (A)   The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.

(B)   A sponsor is not liable for any of the debts of the charter school.

(C)   A sponsor, members of the board of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to read:
/ TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS,

Rep. WALKER explained the amendment.

The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day due to illness in the family.

Rep. WALKER continued speaking.
Rep. WALKER spoke in favor of the amendment.

Further proceedings were interrupted by the Joint Assembly the pending question being consideration of Amendment No. 1.

On motion of Rep. HASKINS the House stood at ease subject to the call of the Chair.

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1019 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 9, 2000, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2006; TO ELECT A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE

The PRESIDENT recognized Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission.

The PRESIDENT announced that nominations were in order for a Supreme Court Justice, Seat 2.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: the Honorable Gary E. Clary, the Honorable Jasper M. Cureton, and the Honorable Costa M. Pleicones.

On motion of Rep. DELLENEY, nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Clary:

Bryan                  Courtney               Fair
Hayes                  Martin                 Peeler
Reese                  Russell                J. V. Smith

The following named Senators voted for Cureton:

Alexander              Anderson               Branton
Elliott                Ford                   Glover
Hutto                  Jackson                Land
Matthews               McGill                 Moore
O'Dell                 Passailaigue           Patterson
Rankin                 Saleeby                Washington

The following named Senators voted for Pleicones:

Bauer                  Courson                Drummond
Giese                  Gregory                Grooms
Holland                Leatherman             Leventis
McConnell              Mescher                Ravenel
Richardson             Ryberg                 Setzler
Short                  Thomas                 Waldrep
Wilson

On motion of Rep. DELLENEY, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Clary:

Allison                Barfield               Barrett
Cato                   Cooper                 Dantzler
Davenport              Fleming                Frye
Hamilton               Harrell                Haskins
Hawkins                Hinson                 Kelley
Klauber                Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 McCraw                 Meacham-Richardson
Phillips               Rice                   Rodgers
Sandifer               Simrill                Smith, D.
Smith, R.              Taylor                 Tripp
Trotter                Vaughn                 Walker
Webb                   Wilder                 Wilkins
Witherspoon            Young-Brickell

The following named Representatives voted for Cureton:

Battle                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Gourdine               Govan                  Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Lucas                  Mack

McLeod, M.             McMahand               Moody-Lawrence
Neal, J.H.             Neilson                Ott
Parks                  Pinckney               Rhoad
Rutherford             Scott                  Smith, F.
Stuart                 Whipper

The following named Representatives voted for Pleicones:

Allen                  Altman                 Bales
Brown, H.              Campsen                Carnell
Chellis                Cotty                  Delleney
Easterday              Edge                   Emory
Gamble                 Gilham                 Harris
Harrison               Huggins                Keegan
Kirsh                  Knotts                 Lourie
Maddox                 McGee                  McKay
McLeod, W.             Miller                 Neal, J.M.
Perry                  Quinn                  Riser
Robinson               Seithel                Sheheen
Smith, J.              Stille                 Townsend
Whatley                Wilkes                 Woodrum

Total number of Senators voting   46
Total number of Representatives voting   118
Grand Total   164
Necessary to a choice   83
Of which Clary received   50
Of which Cureton received   56
Of which Pleicones received   58

Whereupon, the PRESIDENT announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Clary:

Bryan                  Courtney               Fair
Grooms                 Hayes                  Martin
McConnell              Peeler                 Reese
Russell                J. V. Smith

The following named Senators voted for Cureton:

Alexander              Anderson               Branton
Elliott                Ford                   Glover
Hutto                  Jackson                Land
Matthews               McGill                 Moore
O'Dell                 Passailaigue           Patterson
Rankin                 Saleeby                Washington

The following named Senators voted for Pleicones:

Bauer                  Courson                Drummond
Giese                  Gregory                Holland
Leatherman             Leventis               Mescher
Ravenel                Richardson             Ryberg
Setzler                Short                  Thomas
Waldrep                Wilson

On motion of Rep. DELLENEY, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Clary:

Allison                Barrett                Cato
Cooper                 Dantzler               Davenport
Fleming                Frye                   Hamilton
Harrell                Haskins                Hawkins
Hinson                 Kelley                 Klauber
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
McCraw                 Meacham-Richardson     Phillips
Rice                   Robinson               Rodgers

Sandifer               Simrill                Smith, D.
Smith, R.              Taylor                 Trotter
Vaughn                 Walker                 Webb
Wilder                 Wilkins                Witherspoon
Young-Brickell

The following named Representatives voted for Cureton:

Battle                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Gourdine               Govan                  Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Lucas                  Mack
McLeod, M.             McMahand               Miller
Moody-Lawrence         Neal, J.H.             Ott
Parks                  Pinckney               Rhoad
Rutherford             Scott                  Smith, F.
Stuart                 Whipper

The following named Representatives voted for Pleicones:

Allen                  Altman                 Bales
Barfield               Brown, H.              Campsen
Carnell                Chellis                Cotty
Delleney               Easterday              Edge
Emory                  Gamble                 Gilham
Harris                 Harrison               Huggins
Keegan                 Kirsh                  Knotts
Lourie                 Maddox                 McGee
McKay                  McLeod, W.             Neal, J.M.
Neilson                Perry                  Quinn
Riser                  Seithel                Sharpe
Sheheen                Smith, J.              Stille

Townsend               Tripp                  Whatley
Wilkes                 Woodrum

Total number of Senators voting   46
Total number of Representatives voting   119
Grand Total   165
Necessary to a choice   83
Of which Clary received   51
Of which Cureton received   56
Of which Pleicones received   58

Whereupon, the PRESIDENT announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Clary:

Bryan                  Courtney               Fair
Grooms                 Hayes                  Martin
Peeler                 Reese                  Russell
J.V. Smith

The following named Senators voted for Cureton:

Alexander              Anderson               Branton
Elliott                Ford                   Glover
Hutto                  Jackson                Land
Matthews               McGill                 Moore
O'Dell                 Passailaigue           Patterson
Rankin                 Saleeby                Washington

The following named Senators voted for Pleicones:

Bauer                  Courson                Drummond
Giese                  Gregory                Holland

Leatherman             Leventis               McConnell
Mescher                Ravenel                Richardson
Ryberg                 Setzler                Short
Thomas                 Waldrep                Wilson

On motion of Rep. DELLENEY, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Clary:

Allison                Barrett                Cato
Cooper                 Dantzler               Davenport
Fleming                Hamilton               Harrell
Haskins                Hawkins                Hinson
Kelley                 Klauber                Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 McCraw
Meacham-Richardson     Phillips               Rice
Rodgers                Sandifer               Simrill
Smith, D.              Smith, R.              Taylor
Trotter                Vaughn                 Walker
Webb                   Wilder                 Wilkins
Witherspoon            Young-Brickell

The following named Representatives voted for Cureton:

Battle                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Gourdine               Govan                  Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Lucas                  Mack
McLeod, M.             McMahand               Moody-Lawrence
Neal, J.H.             Neilson                Ott
Parks                  Pinckney               Rhoad

Rutherford             Scott                  Smith, F.
Stuart                 Whipper

The following named Representatives voted for Pleicones:

Allen                  Altman                 Bales
Barfield               Brown, H.              Campsen
Carnell                Chellis                Cotty
Delleney               Easterday              Edge
Emory                  Frye                   Gamble
Gilham                 Harris                 Harrison
Huggins                Keegan                 Kirsh
Knotts                 Lourie                 Maddox
McGee                  McKay                  McLeod, W.
Miller                 Neal, J.M.             Perry
Quinn                  Riser                  Robinson
Seithel                Sharpe                 Sheheen
Smith, J.              Stille                 Townsend
Tripp                  Whatley                Wilkes
Woodrum

Total number of Senators voting   46
Total number of Representatives voting   119
Grand Total   165
Necessary to a choice   83
Of which Clary received   48
Of which Cureton received   56
Of which Pleicones received   61

Whereupon, the PRESIDENT announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.

Rep. HAWKINS stated that the Honorable Gary E. Clary had withdrawn from the race.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Cureton:

Alexander              Anderson               Branton
Bryan                  Courtney               Elliott
Ford                   Glover                 Jackson
Land                   Matthews               McGill
Moore                  O'Dell                 Passailaigue
Patterson              Peeler                 Rankin
Reese                  Saleeby                Washington

The following named Senators voted for Pleicones:

Bauer                  Courson                Drummond
Fair                   Giese                  Gregory
Grooms                 Hayes                  Holland
Hutto                  Leatherman             Leventis
Martin                 McConnell              Mescher
Ravenel                Richardson             Russell
Ryberg                 Setzler                Short
Smith, J.V.            Thomas                 Waldrep
Wilson

On motion of Rep. DELLENEY, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Cureton:

Battle                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Davenport              Gourdine               Govan
Harvin                 Hawkins                Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Klauber
Lee                    Lloyd                  Loftis
Lucas                  Mack                   McLeod, M.
McMahand               Meacham-Richardson     Moody-Lawrence

Neal, J.H.             Ott                    Parks
Phillips               Pinckney               Rutherford
Scott                  Smith, F.              Stuart
Whipper                Wilder                 Wilkins

The following named Representatives voted for Pleicones:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Brown, H.              Campsen                Carnell
Cato                   Chellis                Cotty
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Harris
Harrison               Haskins                Hayes
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Lourie
Maddox                 McCraw                 McGee
McKay                  McLeod, W.             Miller
Neal, J.M.             Neilson                Perry
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Stille                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilkes                 Witherspoon
Woodrum                Young-Brickell

Total number of Senators voting   46
Total number of Representatives voting   116
Grand Total   162
Necessary to a choice   82

Whereupon, the PRESIDENT announced that the Honorable Costa M. Pleicones was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Supreme Court Justice, Seat 5.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable E. C. Burnett III had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable E. C. Burnett III was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 3.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Mr. Joseph D. Shine, the Honorable M. Duane Shuler, and the Honorable Ray N. Stevens.

Rep. DELLENEY stated that the Honorable Ray N. Stevens had withdrawn from the race, and placed the names of the remaining candidates in nomination.

On motion of Rep. DELLENEY, nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Shine:

Alexander              Anderson               Branton
Courson                Courtney               Drummond
Fair                   Ford                   Glover
Gregory                Grooms                 Jackson

Leventis               Matthews               McConnell
Patterson              Reese                  Richardson
Russell                Ryberg                 Washington

The following named Senators voted for Shuler:

Bauer                  Bryan                  Elliott
Giese                  Hayes                  Holland
Hutto                  Land                   Leatherman
Martin                 McGill                 Mescher
Moore                  O'Dell                 Passailaigues
Peeler                 Rankin                 Ravenel
Saleeby                Setzler                Short
Smith, J.V.            Thomas                 Waldrep
Wilson

On motion of Rep. DELLENEY, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Shine:

Allison                Bales                  Barrett
Breeland               Brown, J.              Canty
Cobb-Hunter            Cooper                 Cotty
Delleney               Emory                  Govan
Harrell                Harrison               Haskins
Hines, J.              Hines, M.              Hosey
Howard                 Inabinett              Lloyd
Loftis                 Mack                   McLeod, W.
Meacham-Richardson     Moody-Lawrence         Neal, J.H.
Neal, J.M.             Parks                  Perry
Pinckney               Quinn                  Rice
Robinson               Rutherford             Scott
Smith, D.              Smith, J.              Tripp
Vaughn

The following named Representatives voted for Shuler:

Allen                  Altman                 Barfield
Battle                 Brown, G.              Brown, H.
Brown, T.              Campsen                Carnell
Cato                   Chellis                Clyburn
Dantzler               Davenport              Easterday
Edge                   Frye                   Gamble
Gilham                 Gourdine               Hamilton
Harris                 Harvin                 Hawkins
Hayes                  Hinson                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lourie                 Lucas
Maddox                 McCraw                 McGee
McKay                  McLeod, M.             McMahand
Miller                 Neilson                Ott
Phillips               Rhoad                  Riser
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, F.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Trotter                Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total number of Senators voting   46
Total number of Representatives voting   117
Grand Total   163
Necessary to a choice   82
Of which Shine received   61
Of which Shuler received   102

Whereupon, the PRESIDENT announced that the Honorable M. Duane Shuler was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 8.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Thomas E. Huff had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Senator RYBERG requested to be recorded against the election of the Honorable Thomas E. Huff.

Whereupon, the PRESIDENT announced that the Honorable Thomas E. Huff was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Third Judicial Circuit, Seat 2.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Howard P. King had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Howard P. King was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fourth Judicial Circuit, Seat 2.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that J. Michael Baxley had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Michael Baxley was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit, Seat 2.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable L. Casey Manning had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable L. Casey Manning was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Seventh Judicial Circuit, Seat 2.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Donald W. Beatty had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Donald W. Beatty was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Eighth Judicial Circuit, Seat 2.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable James W. Johnson, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James W. Johnson was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit, Seat 2.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Daniel F. Pieper had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Daniel F. Pieper was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Tenth Judicial Circuit, Seat 2.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Alexander S. Macaulay had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Alexander S. Macaulay was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Eleventh Judicial Circuit, Seat 1.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable William Paul Keesley had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William Paul Keesley was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Eleventh Judicial Circuit, Seat 2.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Marc H. Westbrook had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Marc H. Westbrook was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Twelfth Judicial Circuit, Seat 1.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable B. Hicks Harwell, Jr. had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable B. Hicks Harwell, Jr. was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Thirteenth Judicial Circuit, Seat 2.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Mr. John C. Few, the Honorable Robert N. Jenkins, Sr., and Mr. Edward W. "Ned" Miller.

Rep. DELLENEY stated that Mr. Edward W. "Ned" Miller and the Honorable Robert N. Jenkins, Sr., had withdrawn from the race, and placed the name of the remaining candidate, Mr. John C. Few, in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John C. Few was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fourteenth Judicial Circuit, Seat 1.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Mr. Perry M. Buckner and Mrs. Diane M. DeWitt.

Rep. DELLENEY stated that Mrs. Diane M. DeWitt had withdrawn from the race, and placed the name of the remaining candidate, Mr. Perry M. Buckner, in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Perry M. Buckner was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Tenth Judicial Circuit, Seat 2.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Mrs. Karen F. Ballenger, Mr. Timothy M. Cain, and the Honorable R. Scott Sprouse.

Rep. DELLENEY stated that Mrs. Karen F. Ballenger and the Honorable R. Scott Sprouse had withdrawn from the race, and placed the name of the remaining candidate, Mr. Timothy M. Cain, in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Timothy M. Cain was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for a Family Court Judge, Sixteenth Judicial Circuit, Seat 1.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Mrs. Donna Earls Elder, Mr. Robert E. Guess, and Mr. Thomas H. White.

Rep. DELLENEY stated that Mr. Thomas H. White and Mrs. Donna Earls Elder had withdrawn from the race, and placed the name of the remaining candidate, Mr. Robert E. Guess, in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert E. Guess was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for an Administrative Law Judge, Seat 3.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable Carolyn C. Matthews had been screened, found qualified, and placed her name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Carolyn C. Matthews was duly elected for the term prescribed by law.

The PRESIDENT announced that nominations were in order for an Administrative Law Judge, Seat 4.

Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the Honorable John D. Geathers had been screened, found qualified, and placed his name in nomination.

On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John D. Geathers was duly elected for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

At 1:05 p. m. the House resumed, the SPEAKER in the Chair.

Rep. COOPER moved that the House do now adjourn, which was agreed to.

The Senate returned to the House with concurrence the following:

H. 4562 (Word version) -- Rep. Gamble: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF PROFESSOR DAVID KINLEY OF LEXINGTON COUNTY AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4574 (Word version) -- Reps. Hayes and Leach: A CONCURRENT RESOLUTION CONGRATULATING EASTSIDE HIGH SCHOOL ATHLETIC DIRECTOR AND HEAD FOOTBALL COACH, JOHN PARKER CARLISLE III, OF GREENVILLE COUNTY ON RECEIVING THE 1999 NATIONAL INTERSCHOLASTIC ATHLETIC ADMINISTRATORS ASSOCIATION (NIAAA) NATIONAL DISTINGUISHED SERVICE AWARD AND ON THIRTY-FIVE YEARS OF DEDICATED SERVICE TO HIGH SCHOOL ATHLETICS.

At 1:10 p.m. the House, in accordance with the motion of Rep. J. BROWN, adjourned in memory of Dr. Fred G. Jenkins, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Friday, June 26, 2009 at 9:23 A.M.