Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, there were no elections in Isaiah's day, but the prophet Isaiah has a word to say about leadership. Chapter 32:1-3. Remember that the Hebrew language is a picture language.
"Look, a righteous King is coming, with honest princes! He
will shelter Israel from the storm and wind. He will refresh
her as a river in the desert and as a cooling shadow of a mighty
rock within a hot and weary land."
Let us pray.
Our Father, You spoke through the prophets of old. Help us to make the great discovery that what every city, every rural community, every village, every institution and neighborhood needs, even more than it needs money, is quality leadership. Isaiah points the way!
So help us all to be the kind of men and women needed for leadership in our State... our nation... and our every local community: "Streams of water in a dry place, the shadows of a great rock in a weary land."
In the Redeemers Name!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Columbia, S.C., March 1, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.235, H. 4524, by a vote of 31 to 6:
(R235, H. 4524 (Word version)) -- Rep. Easterday: AN ACT 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.
Very respectfully,
Speaker of the House
(R235, H. 4524 (Word version)) -- Rep. Easterday: AN ACT 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.
On motion of Senator BRYAN, with unanimous consent, the veto of the Governor was taken up for immediate consideration.
Senator BRYAN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Saleeby Short Smith, J. Verne Thomas Waldrep Washington Wilson
Drummond Setzler
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator GIESE introduced Dr. John Dubose of Camden, S.C., Doctor of the Day.
At 1:15 P.M., Senator DRUMMOND requested a leave of absence until 3:15 P.M.
H. 4462 (Word version) -- Reps. Young-Brickell, Cobb-Hunter, Bailey and Chellis: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF DORCHESTER COUNTY SCHOOL DISTRICT TWO DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD INCLUDING 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.
Senator BRANTON asked unanimous consent to make a motion to recall the Joint Resolution from the Dorchester County Delegation.
Senator BRANTON asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator BRANTON proposed the following amendment (4462R002.WSB), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:
/ SECTION 1. Of the school days missed by students and teachers of any school of Dorchester County School District Two during school year 1999-2000 when the schools were closed due to snow and/or Hurricane Floyd, including the flooding that followed, up to three school days 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. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator BRANTON, H. 4462 was ordered to receive a third reading on Friday, March 10, 2000.
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, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTHERN CONNECTOR OF INTERSTATE 85 IN GREENVILLE COUNTY THE "BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR" AND ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
Senator LAND asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator LAND asked unanimous consent to adopt the Resolution.
There was no objection.
The Resolution was adopted and ordered returned to the House.
H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
Senator RYBERG objected.
The following were introduced:
S. 1228 (Word version) -- Senators Setzler and Wilson: A SENATE RESOLUTION TO COMMEND AND HONOR CAROLINE PARLER OF IRMO, GRADUATE OF THE UNIVERSITY OF SOUTH CAROLINA, WHO HAS BEEN AWARDED THE PRESTIGIOUS RHODES SCHOLARSHIP AND WHO WILL ATTEND OXFORD COLLEGE IN ENGLAND FOR POST GRADUATE STUDY BEGINNING IN OCTOBER, 2000, AS ONE OF ONLY THIRTY-TWO AMERICAN STUDENTS SELECTED NATIONALLY AS A 2000 RHODES SCHOLAR.
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The Senate Resolution was adopted.
S. 1229 (Word version) -- Senators Matthews, Patterson, Washington, Ford, Glover, Jackson and Anderson: A SENATE RESOLUTION TO RECOGNIZE, COMMEND, HONOR, AND EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SENATE AND ESPECIALLY THE SENATE MEMBERS OF THE LEGISLATIVE BLACK CAUCUS, TO CHIEF JUSTICE ERNEST A. FINNEY, JR., ONE OF THE FOUNDERS AND THE FIRST CHAIRMAN OF THE LEGISLATIVE BLACK CAUCUS, AND AN EXTRAORDINARILY TALENTED LEGAL PRACTITIONER AND JURIST, FRIEND, NEIGHBOR, AND STATESMAN, FOR HIS YEARS OF DEDICATED SERVICE, PERSONAL SACRIFICE, AND SPECIAL ROLE HE HAS PLAYED IN THE LIVES OF ALL SOUTH CAROLINIANS, AND ESPECIALLY THOSE OF AFRICAN DESCENT, UPON HIS RETIREMENT FROM SERVICE IN THE JUDICIARY, AND TO WISH HIM A RETIREMENT THAT IS EQUALLY REWARDING AND BENEFICIAL TO HIM AND THE CITIZENS OF THE STATE.
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The Senate Resolution was adopted.
S. 1230 (Word version) -- Senators Wilson, Courson and Bauer: A CONCURRENT RESOLUTION CONGRATULATING THE HI-STEPPER DANCE TEAM OF IRMO HIGH SCHOOL ON WINNING NATIONAL CHAMPIONSHIP HONORS AT THE UNITED STATES DANCE AND DRILL TEAM COMPETITION AT UNIVERSAL STUDIOS IN ORLANDO, FLORIDA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1231 (Word version) -- Senators Alexander and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, OCTOBER 26, AND FRIDAY, OCTOBER 27, 2000, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 25, 2000, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 1232 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ENACTING THE SOUTH CAROLINA PRESERVATION OF SCHOOLS TAX BASE ACT, BY ADDING SECTION 4-1-171 SO AS TO SPECIFY THE PROPERTY WHICH MAY BE LOCATED IN A MULTICOUNTY INDUSTRIAL OR BUSINESS PARK.
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Read the first time and referred to the Committee on Finance.
S. 1233 (Word version) -- Senators Thomas and Martin: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ILLEGAL DUMPING OF LITTER, THE REMOVAL OF LITTER, AND PENALTIES RELATED TO THE ILLEGAL DUMPING OF LITTER, SO AS TO INCREASE THE PENALTY FOR THE ILLEGAL DUMPING OF LESS THAN FIFTEEN POUNDS OR TWENTY-SEVEN CUBIC FEET IN VOLUME OF LITTER.
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Senator THOMAS spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 1234 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 59-101-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE COLLEGES AND UNIVERSITIES OF THIS STATE; SECTION 59-101-185, RELATING TO GOVERNING BOARDS OF SPECIFIED STATE INSTITUTIONS OF HIGHER LEARNING AUTHORIZED TO MAINTAIN FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEMS; SECTION 59-107-10, RELATING TO THE DEFINITION OF STATE INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ISSUING STATE INSTITUTION BONDS; AND SECTION 59-112-10, RELATING TO THE DEFINITION OF STATE POST-SECONDARY INSTITUTIONS FOR PURPOSES OF DETERMINING RATES OF TUITION AND FEES, SO AS TO INCLUDE COASTAL CAROLINA UNIVERSITY WITHIN THESE DEFINITIONS AND LISTINGS, AND TO UPDATE THE NAMES OF OTHER INSTITUTIONS.
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Read the first time and referred to the Committee on Education.
S. 1235 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PALMETTO FELLOWS SCHOLARSHIPS, SECTION 59-113-20, RELATING TO TUITION GRANTS, SECTION 59-142-10, AS AMENDED, RELATING TO NEED-BASED GRANTS FOR SCHOLARSHIPS AND TUITION AT STATE INSTITUTIONS, AND SECTION 59-149-90, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT STUDENTS WHO HAVE BEEN ADJUDICATED DELINQUENT OR BEEN CONVICTED OF ANY FELONIES OR ALCOHOL OR DRUG-RELATED OFFENSES ARE INELIGIBLE FOR THESE GRANTS OR SCHOLARSHIPS, EXCEPT THAT HIGH SCHOOL OR COLLEGE STUDENTS OTHERWISE QUALIFIED WHO HAVE BEEN ADJUDICATED DELINQUENT OR CONVICTED OF ALCOHOL OR DRUG-RELATED MISDEMEANORS SHALL BE ELIGIBLE OR CONTINUE TO BE ELIGIBLE FOR SUCH GRANTS OR SCHOLARSHIPS AFTER THE EXPIRATION OF ONE CALENDAR YEAR FROM THE DATE OF THE ADJUDICATION, CONVICTION, OR PLEA.
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Read the first time and referred to the Committee on Education.
H. 3553 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE BOARD MAY CHOOSE INSTEAD TO CONDUCT ITS REVIEWS LESS FREQUENTLY, BUT AT LEAST ANNUALLY.
Read the first time and referred to the Committee on Judiciary.
H. 3914 (Word version) -- Reps. Cato, Hayes and Mason: A BILL TO AMEND SECTION 38-39-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND CANCELLATION OF INSURANCE CONTRACTS, SO AS TO PROVIDE FOR A PRO-RATA COMPUTATION OF THE GROSS UNEARNED PREMIUM TO BE RETURNED, AND PROVIDE THAT, IN THE EVENT A PREMIUM IS SUBJECT TO AN AUDIT TO DETERMINE THE FINAL PREMIUM AMOUNT, THE GROSS UNEARNED PREMIUM MUST BE CALCULATED UPON THE DEPOSIT PREMIUM AND THE INSURER SHALL RETURN TO THE PREMIUM SERVICE COMPANY, FOR THE INSURED'S ACCOUNT, THE GROSS UNEARNED PREMIUM BASED UPON THE DEPOSIT PREMIUM AMOUNT.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4010 (Word version) -- Reps. McGee, Simrill, Robinson, Haskins, Allen, Altman, Askins, Barrett, Campsen, Canty, Easterday, Gourdine, Hawkins, M. Hines, Limehouse, Maddox, McKay, Pinckney, Gilham, Keegan, Kelley, Leach, R. Smith and Rodgers: A CONCURRENT RESOLUTION CONDEMNING AND DENOUNCING ALL SUGGESTIONS IN A RECENTLY PUBLISHED STUDY BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION THAT SEXUAL RELATIONSHIPS BETWEEN ADULTS AND WILLING CHILDREN ARE LESS HARMFUL THAN BELIEVED AND MIGHT EVEN BE POSITIVE FOR WILLING CHILDREN AND URGING THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO REJECT AND CONDEMN THE SUGGESTIONS MADE IN THIS RECENTLY PUBLISHED STUDY.
The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
H. 4138 (Word version) -- Rep. Askins: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 41-51 IN FLORENCE COUNTY AND WILLIAMSBURG COUNTY AS THE "W. ODELL VENTERS HIGHWAY" IN HONOR OF THE HONORABLE W. ODELL VENTERS WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF FLORENCE WITH DISTINCTION AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR FIFTEEN YEARS; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4434 (Word version) -- Reps. Haskins, Barrett, Cato, Fleming, Keegan, Littlejohn, Loftis, Phillips, Riser, Robinson and Taylor: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO PROVIDE THAT NEITHER THE UNITED STATES SUPREME COURT NOR ANY INFERIOR COURT OF THE UNITED STATES HAS THE POWER TO INSTRUCT OR ORDER A STATE OR ITS POLITICAL SUBDIVISION OR OFFICIAL OF THE STATE OR SUBDIVISION TO LEVY OR INCREASE TAXES.
The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
H. 4543 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 6-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO CLARIFY THAT FINANCIAL INFORMATION PROVIDED IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIPALITY IS CONFIDENTIAL BUT DOES NOT PROHIBIT THE SHARING OF DATA BETWEEN PUBLIC OFFICIALS AND EMPLOYEES, AND TO FURTHER PROVIDE THAT A PERSON IS SUBJECT TO CRIMINAL PENALTIES IF THE PERSON KNOWINGLY VIOLATES THIS SECTION.
Read the first time and referred to the Committee on Judiciary.
H. 4747 (Word version) -- Reps. Battle and G. Brown: A CONCURRENT RESOLUTION SALUTING THE LATE D. TRAVIS (DOC) TAYLOR OF BRITTONS NECK, MARION COUNTY, AND ALL OF THE TAYLOR FAMILY AND DESCENDANTS, ON THE OCCASION OF THE NAMING OF STATE ROAD 34-86 IN MARION COUNTY AS THE "D. TRAVIS (DOC) TAYLOR ROAD" IN RECOGNITION OF MR. TAYLOR'S NUMEROUS CONTRIBUTIONS TO HIS COMMUNITY.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 567 (Word version) -- Senators Land, Anderson, Courson, Elliott, Ford, Glover, Hutto, Jackson, Matthews, McGill, Moore, O'Dell, Passailaigue, Rankin, Reese, Saleeby, Setzler, Short, Washington, Wilson, Patterson, Branton, Courtney, Holland, Russell, Peeler, Grooms and Bauer: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS ACT; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO MAKE MANDATORY THE PAYMENT OF AMOUNTS UP TO ONE PERCENT CALCULATED UNDER THE ADJUSTMENT FORMULA, AND TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; AND TO AMEND SECTION 9-1-1220, AS AMENDED, RELATING TO EMPLOYER CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE EMPLOYER CONTRIBUTION RATE BY ONE AND ONE-HALF PERCENT.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 978 (Word version) -- Senators Leventis, McConnell, Ravenel, Passailaigue, Grooms and Rankin: A BILL TO AMEND SECTION 48-39-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, SO AS TO CHANGE THE NAME TO THE SOUTH CAROLINA COASTAL COUNCIL AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COASTAL COUNCIL AND TO SPECIFY THE PROCEDURES FOR APPEALING DECISIONS OF THE COASTAL COUNCIL RELATING TO SIGNIFICANT OR CONTROVERSIAL PERMIT APPLICATIONS AND CONSISTENCY CERTIFICATIONS; TO AMEND SECTIONS 48-39-150, 48-39-180, 48-39-280, AND 48-39-290, ALL AS AMENDED, AND ALL RELATING TO, AMONG OTHER THINGS, APPEALS OF PERMIT DECISIONS, SO AS TO CONFORM THESE PROVISIONS TO CHANGES MADE IN THIS ACT.
Ordered for consideration tomorrow.
On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 978.
Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 985 (Word version) -- Senators Waldrep and Hayes: A BILL TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SERVES AS A PHARMACY TECHNICIAN AT A FREE CLINIC UNDER THE DIRECT SUPERVISION OF A LICENSED PHARMACIST IS NOT REQUIRED TO REGISTER OR TO PAY A REGISTRATION FEE.
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 1130 (Word version) -- Senator Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO AMONG OTHER THINGS, REVISE THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA AND AUTHORIZE A CERTIFIED EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER EUTHANASIA, INCREASE THE MAXIMUM PENALTIES FOR VIOLATIONS OF THIS ARTICLE, AND AUTHORIZE THE ATTORNEY GENERAL TO BRING AN ACTION TO ENJOIN A VIOLATION OF THIS ARTICLE.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
S. 1169 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICIAN ASSISTANTS, TO ESTABLISH A PHYSICIAN ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO PHYSICIAN ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR A PHYSICIAN ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS, PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE GUIDELINES, AND ADDITIONAL LICENSURE REQUIREMENTS, TO FURTHER PROVIDE FOR THE REGULATION OF PHYSICIAN ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4676 favorable:
H. 4676 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 26, 2000, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
AYES
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Washington Reese
Russell
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4689 favorable:
H. 4689 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 12, 2000, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2000 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Washington Reese
Russell
H. 4689 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 12, 2000, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2000 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Senator COURSON asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.
Senator COURSON proposed the following amendment (4689R001.JEC), which was adopted:
Amend the concurrent resolution, as and if amended, page 1, line 11, by adding after / 2000, / the following:
/ AT 12:00 NOON /
Amend the resolution further, as and if amended, page 1, line 36, by adding after / 2000, / the following:
/ at 12:00 Noon /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.
S. 565 (Word version) -- Senators Setzler, Moore, Leatherman and Leventis: A BILL TO AMEND CHAPTER 5, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, BY ADDING SECTION 29-5-440 SO AS TO PROVIDE FOR THE RIGHT TO SUE ON A PAYMENT BOND, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, FOR THE AMOUNT, OR BALANCE, UNPAID AT THE TIME OF INSTITUTING THE SUIT AND TO PROSECUTE THE ACTION TO FINAL EXECUTION AND JUDGMENT FOR THE SUM OR SUMS JUSTLY DUE; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO THE PROVISIONS FOR BOND AND SECURITY AND CONSTRUCTION SERVICES UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE CERTAIN PROVISIONS RELATIVE TO THE RIGHT TO INSTITUTE SUITS ON PAYMENT BONDS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; TO AMEND SECTION 57-5-1660, AS AMENDED, RELATING TO THE STATE HIGHWAY SYSTEM, CONSTRUCTION CONTRACTS AND PURCHASES, AND AMOUNTS OF AND ACTIONS ON CONTRACTORS' BONDS, SO AS TO DELETE CERTAIN PROVISIONS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-120 SO AS TO PROVIDE FOR THE PROVISIONS APPLICABLE TO THE INSTITUTION OF A SUIT WHEN THE STATE OR A COUNTY, A MUNICIPALITY, OR A POLITICAL SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPALITY CONTRACTS FOR CONSTRUCTION AND REQUIRES THE PERSON OR ENTITY PERFORMING THE WORK TO FURNISH A PAYMENT BOND, NOT GOVERNED BY CERTAIN OTHER PROVISIONS OF LAW, IN THE FULL AMOUNT OF THE CONTRACT FOR THE PROTECTION OF PERSONS WHO FURNISH LABOR OR MATERIAL TO THE CONTRACTOR OR HIS SUBCONTRACTORS FOR THE WORK SPECIFIED IN THE CONTRACT.
The House returned the Bill with amendments.
On motion of Senator SETZLER the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4483 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE PRINCIPAL INDUCTION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2427, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 613 (Word version) -- Senators Passailaigue, Drummond, Giese, Ravenel, Mescher, Ford, Grooms and Washington: A BILL TO AMEND SECTION 59-123-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA CONSTITUTING THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS, SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD ACTING AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY AND FOR OTHER MATTERS PERTAINING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE AUTHORITY INCLUDING FREEDOM OF INFORMATION ACT PROVISIONS AND THE EXPENDITURE, RECEIPT, AND TRANSFER OF CERTAIN FUNDS AND STATE APPROPRIATIONS; AND TO PROVIDE THAT THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY SHALL BE THE SUCCESSOR TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA HOSPITAL; 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 AUTHORITY 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 HOSPITAL AUTHORITY.
S. 1083 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-118-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ACADEMIC INCENTIVE ACT OF 1997, SO AS TO INCLUDE A REGIONAL CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA AS A "QUALIFYING COLLEGE OR UNIVERSITY".
Senator SETZLER explained the Bill.
S. 1217 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE LIBRARY, RELATING TO USE OF STATE AID FUNDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2475, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1218 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO TASTING OF ALCOHOLIC BEVERAGES BY STUDENTS UNDER TWENTY-ONE YEARS OF AGE IN CULINARY ARTS COURSE IN AN ACCREDITED COLLEGE OR UNIVERSITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2428, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1219 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1220 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2452, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1221 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE OPERATION OF PUBLIC PUPIL TRANSPORTATION SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2481, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1212 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 56-3-2332, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS.
(On motion of Senator J. VERNE SMITH, with unanimous consent)
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 1145 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO PROVIDE THAT A CLASS ONE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN THE AREA OF DOMESTIC VIOLENCE, TO PROVIDE THAT THE TRAINING BE PROVIDED FOR OR APPROVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO PROVIDE THE CURRICULUM FOR THE TRAINING.
S. 1224 (Word version) -- Senators Passailaigue, McConnell and Ravenel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223A SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, TO PROVIDE CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO ALLOW THE ORDINANCE TO APPLY RETROACTIVELY, AND TO REPEAL SECTION 12-37-223.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator PASSAILAIGUE moved that the Bill be given a second reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
On motion of Senator PASSAILAIGUE, with unanimous consent, the request for a third reading of S. 1224 on Friday, March 10, 2000, was rescinded.
S. 257 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-870 SO AS TO PROVIDE LIMITATIONS ON THE AMOUNT OF COMPENSATION THAT MAY BE PAID TO POLL WATCHERS AND OTHERS PROVIDING ELECTION DAY ACTIVITIES ON BEHALF OF CANDIDATES OR COMMITTEES, AND TO PROVIDE EXCEPTIONS TO THOSE LIMITATIONS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS AND REVIEW OF CERTIFIED CAMPAIGN REPORTS SO AS TO REQUIRE THE STATE ETHICS COMMISSION TO FORWARD A COPY OF ALL CAMPAIGN REPORTS TO THE CLERK OF COURT OF THE COUNTY OF RESIDENCE OF THE PERSON REQUIRED TO FILE WITHIN TWO DAYS OF RECEIPT OF THE REPORT, AND TO PROVIDE THE STATE ETHICS COMMISSION MUST REVIEW ALL STATEMENTS FOR INADVERTENT AND UNINTENTIONAL ERRORS OR OMISSIONS; TO AMEND SECTION 8-13-1366, AS AMENDED, RELATING TO PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS SO AS TO ELIMINATE THE REQUIREMENT THAT CERTIFIED CAMPAIGN REPORTS BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 8-13-1372, AS AMENDED, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION RATHER THAN THE STATE ELECTION COMMISSION MAY DETERMINE THAT ERRORS AND OMISSIONS ON CAMPAIGN REPORTS ARE INADVERTENT AND UNINTENTIONAL, AND THAT THE STATE ETHICS COMMISSION MAY ASSESS A TECHNICAL VIOLATIONS PENALTY NOT TO EXCEED FIFTY DOLLARS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0257.001), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 5, by striking SECTION 1 in its entirety.
Amend the bill further, as and if amended, page 2, line 32, in Section 8-13-1310, as contained in SECTION 2, by striking /two five/ and inserting therein / five /.
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
Senators LEATHERMAN and HOLLAND proposed the following amendment (JUD0257.002), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The first paragraph of Section 2-17-30(A) of the 1976 Code is amended to read:
"(A) Each lobbyist, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:" /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The first paragraph of Section 2-17-35(A) of the 1976 Code is amended to read:
"(A) Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:" /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The first paragraph of Section 2-17-40(A) of the 1976 Code is amended to read:
"(A) Each state agency or department shall, no later than April first tenth and October first tenth of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to March thirty-first for the April tenth report and from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:" /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 2-17-90(A) of the 1976 Code is amended by adding:
"(7) as to cabinet officers, a function to which all cabinet officers are invited." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 2-17-90(B) of the 1976 Code is amended to read:
"(B) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 8-13-320(10)(b) of the 1976 Code is amended to read:
"(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall dismiss the complaint and notify the complainant and respondent, and the entire matter must be stricken from public record unless the respondent, by written authorization, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint. Notice of waiver must be forwarded to the State Ethics Commission." /
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 938 (Word version) -- Senators Reese, Elliott and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-220 SO AS TO REQUIRE LOCAL LAW ENFORCEMENT AGENCIES TO ASSIST THE STATE HIGHWAY PATROL IN MONITORING AND DIRECTING TRAFFIC ON INTERSTATE HIGHWAYS THAT PASS THROUGH THEIR RESPECTIVE JURISDICTIONS WHERE A STATE OF EMERGENCY HAS BEEN DECLARED BY THE GOVERNOR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0938.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 23-1-230. When the Governor declares a state of emergency, the local law enforcement agency in a municipality or county through which an interstate highway, designated evacuation route, or other roadway passes shall assist, under the direction of the Department of Public Safety with monitoring and directing the flow of traffic on that portion of the interstate highway, designated evacuation route, or other roadway that passes through the municipality or county."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator McCONNELL explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
On motion of Senator RAVENEL, with unanimous consent, the name of Senator RAVENEL was added as a co-sponsor of S. 938.
On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 938.
S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AND AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (1111EMS3), which was adopted:
Amend the committee amendment, as and if amended, by striking all after the enacting words and inserting therein:
/ SECTION 1. Section 59-1-420 of the 1976 Code, as last amended by Act 627 of 1990, is further amended to read:
"Section 59-1-420. Notwithstanding any other provision of law, Beginning with school year 2002-2003, the statutory school term is one hundred ninety ninety-five days annually and at least one hundred eighty days must be used for student instruction and. Of the remaining ten fifteen days, nine days must be used for collegial professional development based on national professional development standards. This professional development shall address strengthening the knowledge of all teachers in content, teaching techniques, and assessment. Six days may be used for the development of student academic plans and conferencing with parents or the development of curriculum and instructional plans, and no more than three of these days may be used for preparation of opening and closing of schools, for in-service training, and for teacher planning and preparation time. At least three days may be used for the opening and closing of schools and for teacher planning and preparation and two days may be used in teacher-parent conferences with emphasis upon failing and underachieving students. Provided, further, that conferences may be held on Saturday at the direction of the local school board.
For school years 2000-2001 and 2001-2002, the statutory school term is one hundred ninety-three days and at least one hundred eighty days must be used for student instruction. Of the remaining thirteen days, seven days must be used for collegial professional development based on national professional development standards. This professional development shall address strengthening the knowledge of all teachers in content, teaching techniques, and assessment. Six days may be used for the development of student academic plans and conferencing with parents or the development of curriculum and instructional plans, and no more than three of these days may be used for preparation of opening and closing of schools."
SECTION 2. The 1976 Code is amended by adding:
"Section 59-5-75. The State Board of Education shall review and make any necessary revisions to regulations to define the criteria for requesting an out-of-field permit, taking into consideration the phase-in for middle school certification."
SECTION 3. The State Board of Education shall consider establishing immediately for individuals employed as principals the recertification requirement that they must complete in-depth training on ways to support and encourage teachers professionally. The curriculum for the training shall include methods for helping teachers develop professional growth plans, selecting opportunities for growth such as taking courses, serving on committees, providing appropriate positive and corrective feedback to teachers, and appropriately assigning teachers based on skill level, stage in career, and future goals. The Principal Executive Institute, New Principals' Academy, and the Leadership Academy at the State Department of Education shall include training in the special needs of beginning teachers and the actions to assist them as well as the actions to avoid.
SECTION 4. The 1976 Code is amended by adding:
"Section 59-5-85. The State Board of Education and the Department of Education shall review and refine, as necessary, the professional performance dimensions in the state's teacher evaluation program (ADEPT) established in Section 59-26-30(B) to ensure the dimensions are consistent with nationally recognized performance-based accreditation standards and certification standards of the National Board for Professional Teaching Standards certification standards. National board certified teachers shall be included in this review. A report on the changes to the dimensions must be provided to the Education and Public Works Committee of the House of Representatives and the Education Committee of the Senate no later than September 1, 2001.
The Department of Education shall implement a pilot program to develop procedures for including student achievement as a component in the teacher evaluation program (ADEPT). No fewer than five school districts must participate in the development and pilot of the procedures, at least one district designated as impaired is to be included in the pilot if the district so chooses. The development of the program is to begin no later than September 1, 2000. A report on the progress of the project is due to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives by March 1, 2001.
Further, the Department of Education shall develop guidelines for the teacher induction program, established in Section 59-26-20, which shall include sustained long-term coaching and assistance. Information on best practices in teacher induction programs must be disseminated to school districts. By July 1, 2000, the State Department of Education shall adopt criteria for the selection and training of teachers who serve as mentors for new teachers as a part of the induction program."
SECTION 5. The 1976 Code is amended by adding:
"Section 59-5-95. The State Board of Education and the Commission on Higher Education shall appoint a collegial panel of middle grade classroom teachers and teacher preparation faculty to review the National Council for Accreditation of Teacher Education (NCATE) accreditation requirements and recommend any additional training standards and needs for middle grade teacher preparation and professional development courses. The panel shall be a continuing body and shall include representatives of professional organizations and shall:
(1) review the state's academic standards in the four core academic areas and current teaching courses;
(2) determine the knowledge and skills needed by teachers at the middle grades level to teach these standards and assess student progress in learning the standards;
(3) establish syllabi to guide the development of high quality teacher preparation courses; and
(4) develop assessments to determine the strengths and weaknesses of the curriculum."
SECTION 6. The State Board of Education shall:
(1) establish requirements for initial certification for teaching in the middle grades by October 1, 2000, in consultation with the Middle Grades Task Force. In setting the requirements, the board shall consider standards for teacher preparation programs, elimination of the significant overlap in grades between elementary and middle level certification, and determine ways to phase in initial and add-on certification. In addition, the board shall establish a timeline and a staged phase-in of add-on certification for teachers currently teaching in the middle grades;
(2) immediately consider granting South Carolina certification to out-of-state teachers possessing middle grades certification based on a review of their teaching experience and background rather than requiring them to meet the requirements for elementary or high school certification;
(3) appoint a collegial panel of middle grades classroom teachers, principals, and teacher preparation faculty to recommend training standards and needs for middle grades preparation and professional development courses for middle grades principals. The panel shall consider, among other areas, the skills and knowledge needed to be a successful middle grades principal and the training needed to carry out the responsibility of supporting, evaluating, and rewarding good teaching;
(4) revisit and redefine the Defined Program, Grades 6-8, Regulation 43-232, and other appropriate regulations that establish the middle grades requirements. As a part of the review, the board shall consider reducing over time the pupil-teacher ratio maximums of 30 and 35 to 1 in academic courses to a maximum ratio of 24 to 1. The board also shall consider reducing over time the ratio of students to guidance counselors from 500 to 1 to 300 to 1 and establishing that the roles and responsibilities of the guidance counselor at the middle grades are to counsel and give academic and career guidance. Consideration also shall be given to requiring school districts to designate in each middle school a home-school liaison to work with individual families and with community groups to support and encourage the ties between school and home and community.
SECTION 7. The 1976 Code is amended by adding:
"Section 59-5-105. The State Board of Education shall:
(1) establish criteria for competitive grants for districts to develop or implement programs found in research to work for students below grade level in the middle grades. Priority in funding shall be given to districts whose plans include working collaboratively with higher education;
(2) establish criteria for competitive grants for middle grades teacher 'networks' to provide for the development of collegial study groups to enable teams of interested teachers to investigate and implement effective teaching strategies. These strategies shall include such areas as the teaching and learning of the standards in the four core academic areas. Priority in funding shall be given to networks that include higher education faculty."
SECTION 8. Section 59-5-135(B) of the 1976 Code, as added by Part II, Section 46, Act 100 of 1999, is amended to read:
"(B) There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The purpose of the institute also is to mobilize efforts to improve the reading abilities of students in the middle grades and accelerate the learning of students reading below grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:
(1) review the best practices in the teaching of reading;
(2) provide teachers with professional development and support for implementing best practices in the teaching of reading; and
(3) award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices for the primary grades; and
(4) award competitive grants to school districts for designing and implementing a comprehensive approach to improving reading in the middle grades based on best practice and for designing and implementing targeted assistance shown by research to help middle grade students to read at grade level.
The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year."
SECTION 9. The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.
SECTION 10. The 1976 Code is amended by adding:
"Section 59-25-45. Teachers working less than thirty hours a week, but no less than fifteen hours a week, shall qualify for state health and dental insurance. The Budget and Control Board is directed to amend its 'Plan of Benefits' regarding fringe benefits to conform to the provisions of this section. Teachers and employers shall each contribute toward the cost of these benefits with the employer paying only that portion of the employer's normal cost which is attributable to the time the teacher is working, and the teacher shall pay all remaining costs. However, the employer's contribution shall be no less than half the normal cost."
SECTION 11. Section 59-26-20(j) of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:
"(j) the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The definitions used in the Federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas'. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. Beginning July 1, 2000, The the loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina. Additional loans to assist with college and living expenses shall be made available for talented and qualified state residents attending public or private colleges and universities in this State for the sole purpose and intent of changing careers in order to become certified teachers employed in the State in areas of critical need. These loan funds also may be used for the cost of participation in the critical needs certification program pursuant to Section 59-26-30(A)(8). Such loans must be cancelled under the same conditions and at the same rates as other critical need loans. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The Education Oversight Committee shall review the loan program annually and report to the General Assembly;"
SECTION 12. The 1976 Code is amended by adding:
"Section 59-26-85. (A) Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for National Board certification and NBPTS certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contact status and their recertification cycle will be consistent with National Board certification. Teachers receiving national certification from the NBPTS shall receive an increase in pay for the life of the certification. The pay increase shall be determined annually in the appropriation act; however, it is the intent of the General Assembly that the increase shall be at least seven thousand five hundred dollars. The established amount shall be added to the annual pay of the nationally certified teacher.
(B) The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven."
SECTION 13. The 1976 Code is amended by adding:
"Section 59-26-90. The State Department of Education shall establish a program for the State Teacher of the Year to include an honorarium of no less than twenty-five thousand dollars. In addition, the program is to recognize the four honor roll teachers of the year with awards of no less than ten thousand dollars each and award local district teachers of the year with honoraria of no less than one thousand dollars each."
SECTION 14. The 1976 Code is amended by adding:
"Section 59-26-100. The State Board of Education, acting though the Department of Education, shall establish a program whereby schools and school districts may be awarded funds to develop various types of incentives for those teachers who are trained and serve as mentors to new teachers as a part of the induction program established in Section 59-26-20. Among the incentives that may qualify are additional pay, release time, and additional assistance in the classroom. To qualify for these funds, the school or school district must meet the criteria established by the state board."
SECTION 15. The 1976 Code is amended by adding:
"Section 59-139-90. The school and district strategic plans required in Section 59-139-10 must include the stated goals and objectives for parent involvement and the methods used for data collection to support statewide evaluation of parent involvement efforts."
SECTION 16. The State Department of Education shall undertake a study of the training, responsibilities, and funding of para-professionals to better enable school districts and schools to organize teachers' work days so as to reduce teachers' noninstructional duties, such as breakfast, lunch, and bus duty, and provide teachers more time during the school day to plan for instruction and collaborate for improved curriculum delivery. The study must be provided to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives no later than August 15, 2000.
SECTION 17. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 935 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE FOR REGISTRATION OF RURAL FIRE DEPARTMENTS UPON THE SINGLE REGISTRATION AND PAYMENT OF A SINGLE FEE BY THE LOCAL GOVERNING BODY HAVING JURISDICTION OVER MULTIPLE RURAL FIRE DEPARTMENTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0935.001), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE THAT A FIRE DEPARTMENT MAY COMPLY WITH THE REGISTRATION REQUIREMENTS IF ANNUALLY THE LOCAL GOVERNING BODY SINGLY REGISTERS AND PAYS A SINGLE ANNUAL FEE FOR MULTIPLE FIRE DEPARTMENTS WITHIN ITS JURISDICTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 56, Title 33 of the 1976 Code is amended by adding:
"Section 33-56-45. A fire department conducting or intending to conduct a professional solicitation of charitable funds may comply with the registration and fee requirements of this chapter if the local governing body having jurisdiction over that department and other departments in its area singly registers the multiple departments annually and pays a single annual registration fee of fifty dollars pursuant to Section 33-56-30. The single annual registration and fee payment of fifty dollars effectively registers all fire departments within the jurisdiction of the local governing body."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 732 (Word version) -- Senators Leventis, Courson and Grooms: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO REVISE THE CONTENT BY, INTER ALIA, ADDING CERTAIN DISCLOSURE REQUIREMENTS, DEFINITIONS OF AFFECTED SOLICITORS, PENALTIES FOR VIOLATIONS, AND TECHNICAL CHANGES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0732.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 56, Title 33 of the 1976 Code is amended to read:
Solicitation of Charitable Funds
Section 33-56-10. This chapter may be cited as the 'South Carolina Solicitation of Charitable Funds Act'.
Section 33-56-20. As used in this chapter, unless a different meaning is required by the context:
(1) 'Charitable organization' means:
(a) any person deemed by the Internal Revenue Service to be a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code;
(b) any person who is or holds itself out to be established for any benevolent, social welfare, scientific, educational, environmental, philanthropic, humane, patriotic, public health, civic, or other eleemosynary purpose, or;
(c) any person who employs a charitable appeal as the basis of solicitation or an appeal that suggests that there is a charitable purpose to any solicitation, or who solicits or obtains contributions solicited from the public for a charitable purpose.
This definition shall not include constituted religious organizations or groups affiliated with and forming an integral part of the organization where no part of the net income inures to the direct benefit of any individual, and which has received a declaration of current tax exempt status from the government of the United States. Religious organizations include those groups incorporated for a religious purpose by this State. A candidate for national, state, or local office or a political party or other group required to file information with the federal election commission or State Election Commission is not a charitable organization.
(2) 'Person' means an individual, organization, trust, foundation, group, association, partnership, corporation, society, or any combination of them.
(3) 'Contribution' means the promise, grant, or pledge of any money, credit, assistance, or property of any kind or value. It does not include bona fide fees, dues, or assessments paid by members of an organization, provided that membership is not conferred solely as consideration for making a contribution in response to a solicitation, and that membership does not bestow only a right to vote.
(4) 'Solicit' and 'solicitation' means the request for money, credit, property, financial assistance, or other thing of value, or any portion of it, which will be used for a charitable purpose or benefit a charitable organization. A solicitation is considered to have taken place whether or not the person making the same receives any contribution.
(5) 'Secretary' means the Secretary of State.
(6) 'Parent organization' means that part of a charitable organization which coordinates, supervises, or exercises control over policy, fund raising, and expenditures, or assists or advises one or more chapters, branches, or affiliates in this State.
(7) 'Professional fund-raising counsel' means a person who for compensation plans, conducts, manages, prepares materials for, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for or on behalf of a charitable organization but who actually does not solicit contributions as a part of these services. A bona fide salaried officer or employee of a charitable organization maintaining a permanent establishment within this State, or the bona fide salaried officer or employee of a parent organization certified as tax exempt, is not considered to be a professional fund-raising counsel.
(8) 'Professional solicitor' means a person who, for monetary consideration, solicits contributions for or on behalf of a charitable organization, whether the solicitation is performed personally or through its agents, servants, or employees specially employed by or for a charitable organization, who are engaged in the solicitation of contributions under the direction of such person. 'Professional solicitor' also means a person who plans, conducts, manages, carries on, advises, or acts as a consultant to a charitable organization in connection with the solicitation of contributions but does not qualify as 'professional fund-raising counsel' within the meaning of this chapter. A bonafide salaried officer, unpaid director, or a bonafide full-time employee of a charitable organization or a part-time student employee of an educational institution is not considered to be a professional solicitor.
(9) 'Charitable purpose' means a purpose described in Section 501(c)(3) of the Internal Revenue Code or a benevolent, social welfare, scientific, educational, environmental, philanthropic, humane, patriotic, public health, civic, or other eleemosynary objective.
(10) 'Educational institution' means an organization organized and operated exclusively for educational purposes and which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where educational activities are regularly carried on. The term 'educational institution' also includes the following persons, entities, or institutions if none of their fund-raising activities are carried on by professional solicitors as defined by this chapter:
(a) any educational institution that is an eleemosynary junior or senior college in South Carolina whose major campus and headquarters are located within this State and which is accredited by the Southern Association of Colleges and Secondary Schools; and
(b) any person or entity performing sanctioned fund-raising activities on behalf of the educational institutions referenced in subitem (a) above, its foundations, or related or affiliated funds.
(1)(a) 'Charitable organization' means a person, as defined in item (7):
( i) determined by the Internal Revenue Service to be a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code;
( ii) that is or holds itself out to be established for any benevolent, social welfare, scientific, educational, environmental, philanthropic, humane, patriotic, public health, civic, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters, or other persons who protect the public safety; or
(iii) that employs a charitable appeal as the basis of solicitation or an appeal that suggests that there is a charitable purpose to a solicitation, or that solicits or obtains contributions solicited from the public for a charitable purpose.
(b) This definition does not include:
( i) a bona fide religious organization or group affiliated with and forming an integral part of the religious organization where no part of the net income inures to the direct benefit of an individual and its conduct is supported primarily by government grants or contracts, funds solicited from its own membership, congregation, or previous donors, or fees charged for services rendered in furtherance of its tax-exempt purpose; or
(ii) a candidate for national, state, or local office or a political party or other group required to file information with the Federal Election Commission or State Election Commission.
(2) 'Charitable purpose' means a purpose described in Section 501(c)(3) of the Internal Revenue Code or a benevolent, social welfare, scientific, educational, environmental, philanthropic, humane, patriotic, public health, civic, or other eleemosynary objective, including an objective of an organization of law enforcement personnel, firefighters, or other persons who protect the public safety if a stated purpose of the solicitations includes a benefit to a person outside the actual service membership of the organization.
(3) 'Commercial co-venturer' means a person that regularly and primarily engages in trade or commerce for profit that, for the benefit of a charitable organization, may raise funds by advertising that the purchase or use of goods, services, entertainment, or other thing of value benefits the charitable organization, if it is offered at a price comparable to similar goods or services in the market.
(4) 'Contribution' means the promise, grant, or pledge of money, credit, assistance, or property of any kind or value. It does not include bona fide fees, dues, or assessments paid by members of an organization if membership is not conferred solely as consideration for making a contribution in response to a solicitation, and that membership does not bestow only a right to vote.
(5) 'Educational institution' means an organization organized and operated exclusively for educational purposes, which usually maintains a regular faculty and curriculum and usually has a regularly enrolled body of pupils or students in attendance at the place where educational activities are regularly conducted. The term 'educational institution' also includes the following persons, entities, or institutions if their fund-raising activities are not conducted by professional solicitors as defined by this chapter:
(a) an educational institution that is an eleemosynary junior or senior college in South Carolina whose major campus and headquarters are located within this State and which is accredited by the Southern Association of Colleges and Secondary Schools; and
(b) a person or an entity performing sanctioned fund-raising activities on behalf of the educational institutions referenced in subitem (a) above, its foundations, or related or affiliated funds.
(6) 'Parent organization' means that part of a charitable organization which coordinates, supervises, or exercises control over policy, fund raising, and expenditures, or assists or advises one or more chapters, branches, or affiliates in this State.
(7) 'Person' means an individual, an organization, a trust, a foundation, a group, an association, a partnership, a corporation, a society, or a combination of them.
(8) 'Professional fund-raising counsel' means a person that for compensation plans, conducts, manages, prepares materials for, advises, or acts as a consultant, directly or indirectly, in connection with soliciting contributions for or on behalf of a charitable organization, but that actually does not solicit contributions as a part of these services. A bona fide salaried officer or employee of a charitable organization maintaining a permanent establishment within this State, or the bona fide salaried officer or employee of a parent organization certified as tax exempt, is not a professional fund-raising counsel.
(9) 'Professional solicitor' means a person that, for monetary consideration, solicits contributions for or on behalf of a charitable organization, either personally or through its agents, servants, or employees who are specially employed by or for a charitable organization and who are engaged in the solicitation of contributions under the direction of that person. 'Professional solicitor' also means a person that plans, conducts, manages, carries on, advises, or acts as a consultant to a charitable organization in connection with the solicitation of contributions but does not qualify as 'professional fund-raising counsel' within the meaning of this chapter. A bona fide salaried officer, unpaid director, a bona fide employee of a charitable organization, or a part-time student employee of an educational institution is not a professional solicitor. A paid director or employee is not a professional solicitor unless his salary or other compensation is paid as a commission computed on the basis of funds actually raised or to be raised.
(10) 'Solicit' and 'solicitation' means to request and the request for money, credit, property, financial assistance, or other thing of value, or a portion of it, to be used for a charitable purpose or to benefit a charitable organization. A solicitation takes place whether or not the person making the request receives a contribution.
Section 33-56-30. (A) Except as otherwise provided in this chapter, every a charitable organization which intends to solicit contributions within this State or have contributions solicited on its behalf shall must file a registration statement with the Secretary of State, on forms prescribed by the Secretary of State, by July first of each year but in all cases prior to solicitation. It is the duty of the chief executive officer or chief financial officer of each charitable organization to file the statements required under this chapter. The registration forms and other documents prescribed by the Secretary of State must be (i) signed by the chief executive officer and chief financial officer of the charitable organization, (ii) certified as true, and (iii) filed, along with a fee of fifty dollars.
(B) The statements must be sworn to and contain:
( 1) the name of the organization;
( 2) the purpose for which it was organized;
( 3) the principal address of the organization and the address of any offices in this State. If the organization does not maintain an office, the name and address of the person having custody of its financial records;
( 4) the names and addresses of the chief executive officer, and chief financial officer, directors, trustees, officers, and board members;
( 5) the names and addresses of any chapters, branches, or affiliates in this State;
( 6) the place and date the organization was legally established, and the form of its organization, and a reference to any determination of its tax exempt status under the Internal Revenue Code;
( 7) whether the organization intends to use a professional fund-raising counsel, professional solicitors solicitor, or commercial co-venturer or hire individuals to solicit and, if so, their names and contact information;
( 8) whether it is certified as a tax exempt organization and is authorized by any other governmental authority in this State to solicit contributions a copy of any determination letter recognizing the charitable organization's tax exempt status from the Internal Revenue Service and any changes, amendments, or revocations to that letter unless those documents have been previously filed with the Secretary of State;
( 9) whether it is or has ever been enjoined by any court from soliciting contributions; and
(10) the general purpose for which the solicited contributions to be solicited must are to be used.;
(10) whether the organization is authorized by another local, state, or federal governmental authority to solicit contributions and, if so, a list of each;
(11) whether the organization is or has been the subject of a legal or administrative action concerning a charitable solicitation, fundraising campaign, or campaign with a commercial co-venturer by another local, state, or federal governmental authority including, but not limited to, registration or license revocation or denial, fines, injunctions, or suspensions, and an explanation of all actions;
(12) whether any of the organization's officers, directors, trustees, or board members have been the subject of a criminal conviction, including guilty or nolo contendere pleas, involving any charitable solicitations act, fraud, dishonesty, or false statement in a jurisdiction within the United States and, if so, a description and date of any such conviction;
(13) the charitable organization's Federal Employer's Identification Number (EIN);
(14) the name and address of the registered agent of the charitable organization, if incorporated;
(15) an annual financial report for the immediately preceding fiscal year filed on forms prescribed by the Secretary of State or on the Internal Revenue Service Form 900, 990EZ, or 990PF, unless that report already has been filed with the Secretary of State;
(16) a statement as to the relationship of any of the charitable organization's officers, directors, trustees, or board members by blood, marriage, or adoption to:
(a) each other; or
(b) a director or an officer of a professional fund-raising counsel or professional solicitor under contract with the charitable organization.
If so, the names and addresses of the related parties.
The registration forms and other documents prescribed by the Secretary of State must be signed by the chief executive officer and chief financial officer of the charitable organization and certified as true. Every charitable organization which submits a registration to the Secretary of State must pay an annual registration fee of fifty dollars.
Section 33-56-40. The Children's Trust Fund of South Carolina as established by Section 20-7-5010 is required to register with the Secretary of State but is not required to pay the annual registration fee provided for in Section 33-56-30.
Section 33-56-50. (A) The following are not required to file registration statements with the Secretary of State, provided none of its if their fund-raising activities are not carried on conducted by professional solicitors, professional fund-raising counsel, or commercial co-venturers:
(1) an educational institution which solicits contributions only from only its students and their families, alumni, faculty, friends, and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution;
(2) persons a person requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected, without any deductions of any kind, are turned over to the named beneficiary for his use, provided that a as long as the person soliciting the contributions is not a named beneficiary;
(3) a charitable organizations organization which (a) do does not intend to solicit nor or receive contributions from the public in excess of twenty thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year and five thousand dollars during a calendar year, or (b)(i) does not intend to solicit or receive contributions from the public in excess of twenty thousand dollars in a calendar year and have (ii) has received letters a letter of tax exemption from the Internal Revenue Service, if all of their functions, including fund-raising activities, of the organization exempted pursuant to this item are carried on conducted by persons who are unpaid compensated no more than five hundred dollars in a year for their services and if no part of their assets or income inures to the benefit of or is paid to any an officer or a member. If the contributions raised from the public, whether all of or not the contributions are or are not actually received by a charitable organization during any calendar year, are in excess of twenty thousand dollars or are received from more than ten people these amounts, within thirty days after the date the contributions exceed twenty thousand dollars or the number of contributors exceeds ten these amounts, it the organization must register with and report to the department Secretary of State as required by this chapter;
(4) organizations an organization which solicit solicits exclusively to their members from its membership, including a utility cooperatives cooperative;
(5) any a veterans' organization which has a congressional charter; and
(6) the State, its political subdivisions, and any agencies an agency or departments a department of it the State which are subject to the disclosure provisions of the Freedom of Information Act.
(B) Any A charitable organization claiming to be exempt from the registration provisions of this chapter and which will or does solicit solicits charitable contributions shall must submit annually to the Secretary of State, on forms to be prescribed by the Secretary of State, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If exempted appropriate, the Secretary of State or his appropriate division shall issue a letter of exemption which may be exhibited to the public. No A filing fee is not required of an exempt organization.
Section 33-56-55. The provisions of this chapter do not apply to a parent-teacher associations association affiliated with any a school or to a local chambers chamber of commerce. No Reporting of any fund-raising activities or other reporting under pursuant to this chapter is not required of a parent-teacher associations association or a local chambers chamber of commerce whether or not they would be considered exempt organizations under Section 33-56-50, provided that if none of the fund-raising activities are carried on conducted by professional solicitors.
Section 33-56-60. (A) Each A charitable organization soliciting funds in this State, whether individually or collectively with other organizations, and not exempt under pursuant to Section 33-56-50, whether individually or collectively with other organizations, shall file in the office of the Secretary of State a an annual report of its financial activities, on forms prescribed by the Secretary of State or on Internal Revenue Service Form 990, 990EZ, or 990PF, certified to be true by the organization's chief executive officer and the chief financial officer of it, in the office of the Secretary of State. The report must cover the preceding fiscal year and must be filed within four and one-half months of the close of the organization's fiscal year unless a written extension has been granted by the Secretary of State. To receive an extension, the organization must file with the Secretary of State a copy of the extension request submitted to the Internal Revenue Service.
(B) The annual financial report must include:
(1) specific and itemized support and revenue statements disclosing direct public support from solicitation, indirect public support, government grants, program service revenue, and any other revenue. The report must disclose the amount of direct public support received from direct mail solicitation, telephone solicitation, commercial co-venturers, door-to-door solicitations, telethons, and all other itemized sources;
(2) specific and itemized expense statements disclosing program services, public information expenditures, fund-raising costs, payments to affiliates, management costs, and salaries paid; and
(3) balance sheet disclosures containing total assets and liabilities.
(B)(C) However, if If a charitable organization is required or elects to file a completed Internal Revenue Service Form 990, 990EZ, or 990PF with the Internal Revenue Service, the organization may file the form with the Secretary of State in lieu instead of the report required under by subsection (A) of this section, provided that; however, the form may exclude the information which the Internal Revenue Service would not release pursuant to a Freedom of Information request.
(C)(D) An organization failing which fails to file the a timely annual financial report required by this section may be enjoined from further solicitation of funds in this State in an action brought by the Secretary of State and is ineligible to renew its registration as a charitable organization until the required financial statements are filed with the Secretary of State. An organization failing which fails to file a timely annual financial report required by this section may be assessed by the Secretary of State administrative fines of ten dollars for each day of noncompliance for each delinquent report not to exceed two thousand dollars for each separate violation.
Section 33-56-70. (A) Every A contract or agreement between any professional fund-raising counsel, or professional solicitor, or commercial co-venturer and a charitable organization must be in writing and filed, along with a Notice of Solicitation form, with the Secretary of State within ten days after the contract is made. Every agreement or written statement of the nature of the arrangement to prevail in the absence of a contract between a professional fund-raising counsel or solicitor and a charitable organization must be filed with the Secretary of State within ten days after the contract or written agreement is made at least ten days before the professional fund-raising counsel, professional solicitor, or commercial co-venturer begins any solicitation activity or any other activity contemplated by the contract or agreement in this State. Solicitations or services pursuant to a contract may not begin in this State until the contract has been filed with the Secretary of State and until both the charitable organization and the professional solicitor or professional fund-raising counsel are registered properly with the Secretary of State.
(B) Every A contract filed under pursuant to this section must disclose the amount of compensation the professional fund-raising counsel or solicitor will receive, or if there is no flat fee, the percentage of collected revenues the professional fund-raising counsel or solicitor will receive. Every contract or agreement filed under this section must disclose the name and residence address of each person directing or supervising the conduct of services. Every contract or agreement filed under this section and involving telephone solicitation must disclose the location and telephone numbers from which the soliciting will be conducted. the following, if applicable:
(1) legal name and alias name, address, and registration number, if any, of the professional solicitor, professional fund-raising counsel, or commercial co-venturer;
(2) legal name, address, and registration number of the charitable organization;
(3) name and residence address of each person directing or supervising the contract solicitation services;
(4) description of the event or campaign;
(5) date the solicitation or campaign commences;
(6) date the solicitation or campaign terminates;
(7) statement of the guaranteed minimum percentage of gross receipts to be remitted or retained by the charitable organization, excluding the amount which the charitable organization must pay for fund-raising costs;
(8) statement of the percentage of gross receipts with which the professional solicitor, professional fund-raising counsel, or commercial co-venturer is compensated, including the amount the professional solicitor, professional fund-raising counsel, or commercial co-venturer must be reimbursed as payment for fund-raising costs; and
(9) if applicable, the maximum dollar amount that will benefit the charitable organization.
(C) Every Notice of Solicitation form filed pursuant to this section must disclose:
(1) legal name and alias name, address, and registration number of the professional solicitor, professional fund-raising counsel, or commercial co-venturer;
(2) legal name, address, and registration number of the charitable organization;
(3) date the solicitation activity commences and terminates;
(4) name and residence address of phone room directors for any solicitation activities;
(5) location, including physical address, and telephone numbers from which the solicitation activity, including telephone solicitations, is conducted;
(6) description of all solicitation activity; and
(7) the terms of remuneration for the campaign or event pursuant to the contract.
(D) Within ninety days after a solicitation campaign has been completed, and on or within ninety days after the anniversary of the commencement of a solicitation campaign lasting more than one year, the professional solicitor or the charitable organization must file with the Secretary of State a joint financial report for the campaign, including gross revenue, and an itemization of expenses, and the amount paid to the sponsor. The This joint financial report must be completed on a the form prescribed by the Secretary of State, and signed by both an authorized official of the paid professional solicitor or and an authorized official from of the charitable organization, and certified to be true.
(E) A professional fund-raising counsel, professional solicitor, or charitable organization commercial co-venturer failing to comply with this section is ineligible to renew its registration or continue solicitation activities or campaigns until the required information is filed and is liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under each nonregistered agreement of two thousand dollars for each separate violation.
Section 33-56-80. Registration statements and applications, reports, professional fund-raising counsel contracts, or professional solicitor contracts, or commercial co-venturer contracts, and all other documents and information required to be filed under pursuant to this chapter or by the Secretary of State are public records in the office of the Secretary of State and are open to the general public for inspection at such a time and under such conditions as the Secretary of State may prescribe. The Secretary of State shall publish and make available to the public and to persons subject to this chapter explanatory information concerning this chapter, the duties imposed by this chapter, and the means for enforcing this chapter.
Section 33-56-90. (1) Upon oral or written request of the solicited party, the solicitor shall deliver to the solicited party a written statement disclosing:
(a) the name and location of the charitable organization;
(b) a description of the charitable purpose for which the solicitation is made; and
(c) a financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue, and expenses for the preceding fiscal year.
(2) The financial statement under item (1)(c) must be the most recently submitted report under Section 33-56-60.
(3)(A) At the initial time of solicitation, a professional solicitor or a solicitor who receives compensation for soliciting shall must disclose his its status as a professional 'professional' or paid 'paid' solicitor. The professional solicitor or solicitor who receives compensation for soliciting shall also must disclose the registered true name of the professional fund-raising organization and charity he represents for which it works and the registered true name, location, and purpose of the charitable organizations for which it is soliciting.
(4) Upon request, a professional solicitor shall display or deliver to the solicited party a copy of his registration certification from the Secretary of State.
(B) Upon oral or written request by the solicited party, the professional solicitor must deliver to the solicited party within fifteen business days of the request a:
(1) financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue, and expenses for the preceding fiscal year. This financial statement must be the most recently submitted annual financial report pursuant to Section 33-56-60; and
(2) copy of the professional solicitor's or charitable organization's current registration certification from the Secretary of State.
(C) A professional solicitor that fails to comply with the provisions of this section is liable for an administrative fine not to exceed two thousand dollars for each separate violation.
(D) An offense committed in violation of this section is considered to have been committed at the place where the solicitation either was initiated or was received.
Section 33-56-100. In accordance with the regulations promulgated by the Secretary of State, every a charitable organization, and professional fundraiser solicitor, professional fund-raising counsel, or commercial co-venturer subject to the provisions of this chapter shall must keep the true fiscal records as to its activities in this State. The records must be retained for at least three years after the end of the period of registration to which they relate.
Section 33-56-110. (A) No A person shall may not act as a professional fund-raising counsel or professional solicitor for a charitable organization subject to the provisions of this chapter, unless he has first without first having registered with the Secretary of State. Registration includes filing of a complete application and filing fee. Applications An application for registration must be in writing under oath or affirmation in the form prescribed by the Secretary of State and contain that information as the Secretary of State may require. The application for registration by a professional fund-raising counsel or professional solicitor must be signed by its chief executive officer and chief financial officer, certified as true, and accompanied by an annual fee of fifty dollars.
(B) The application for a professional fund-raising counsel or professional solicitor must include the:
( 1) legal name of the applicant;
( 2) principal address of the applicant and address of officers and directors of the applicant;
( 3) list of employees, whether full-time, part-time, or contract, and their job titles;
( 4) form of the applicant's business;
( 5) names, addresses, and titles of all current principal officers, directors, individual owners, or partners, and those for the preceding three years;
( 6) list of the full names and addresses of each state in which an applicant is registered currently as a professional fund-raising counsel or professional solicitor;
( 7) list of charitable organizations with which an applicant contracted in this State for the previous three years;
( 8) registration fee of fifty dollars;
( 9) statement as to whether the applicant, or its directors, principal officers, individual owners, or partners, is or has been the subject of a legal or administrative action, including an injunction, concerning a charitable solicitation, fundraising campaign, or campaign with a commercial co-venturer by another local, state, or federal governmental authority including, but not limited to, registration or license revocation or denial, fines, injunctions, suspensions, or voluntary agreement to discontinue any charitable solicitation activity and, if so, a written explanation of those actions;
(10) statement as to whether the applicant, or its directors, principal officers, individual owners, or partners, has been the subject of a criminal conviction, including guilty or nolo contendere pleas, involving any charitable solicitations act, fraud, dishonesty, or false statement in a jurisdiction within the United States and, if so, a description and date of any such conviction;
(11) applicant's federal EIN if incorporated or Social Security number if acting as a sole proprietor;
(12) list of individuals who serve as couriers or employees to personally collect contributed funds from solicited parties, as applicable; and
(13) statement as to the relationship of any of the officers, directors, trustees, or board members of a professional fundraising counsel or professional solicitor to:
(a) each other; or
(b) a director, officer, agent, or employee of a charitable organization under contract with the professional fundraising counsel or solicitor.
(C) At the time of making application, a professional solicitors solicitor shall must file with and have approved by the Secretary of State a surety bond, and a list of all professional solicitors operating under the bond. in which the The applicant or his its employer must be the principal obligor in the sum of fifteen thousand dollars, with one or more sureties that are satisfactory to the Secretary of State, and whose liability in the aggregate as the sureties will at least equal equals that sum, and must maintain the bond in effect so long as a registration is in effect. However, a A deposit of cash in the amount of fifteen thousand dollars may be accepted in lieu instead of the bond. The bond shall run to the State of South Carolina for the use of the Secretary of State or his appropriate division and any a person who may have a has cause of action against the obligor of the bonds bond for losses resulting from malfeasance, nonfeasance, or misfeasance in the conduct of solicitation activities or any violation of this chapter. A partnership or corporation which is a professional solicitor may file a consolidated bond on behalf of all its members, officers, and employees.
(D) Each registration is valid throughout the State for one year and may be renewed for additional one-year periods upon written application under oath in the form prescribed by the Secretary of State and the upon payment of the fee prescribed in this chapter.
(E) A professional fundraisers solicitor or professional fund-raising counsel who fail that fails to comply with the provisions of this section are is liable for an administrative fine not to exceed of ten dollars for each day of noncompliance, with a maximum fine under this paragraph of not to exceed two thousand dollars for each separate violation.
(F) A professional solicitor or professional fund-raising counsel that has been convicted of or pled guilty or nolo contendere to a crime involving charitable solicitation activities or a felony involving fraud, dishonesty, or false statement in a jurisdiction within the United States in the past five years may be ineligible for registration as a professional solicitor or professional fund-raising counsel in the State of South Carolina.
Section 33-56-120. (1)(A) In connection with the solicitation of contributions for or the sale of goods or services, no a person shall not misrepresent or mislead, knowingly and wilfully, misrepresent or mislead anyone a person by any manner, means, practice, or device.
(2)(B) No A charitable organization, professional fund-raising counsel, or professional solicitor shall not use or exploit the fact of registration so as to lead the public to believe that the registration in any way constitutes an endorsement or approval by the State. However, the use of the following statement is not considered a prohibited exploitation: 'Registered with the Secretary of State as required by law'. Registration does not imply endorsement of a public solicitation for contributions.
(3)(C) In connection with the solicitation of contributions or the sale of goods or services for charitable purposes, no a person shall not represent to or lead anyone mislead a person by any manner, means, practice, or device to believe that any other another person sponsors or endorses the solicitation of contributions, sale of goods or services for charitable purposes, or approves of the charitable purposes or a charitable organization connected with it when the other person has not given written consent to the use of his name for these purposes. Any A member of the board of directors or trustees of a charitable organization or any other another person who has agreed either to serve or to participate in any a voluntary capacity in the campaign is considered to have given his consent to the use of his name in the campaign.
(4)(D) No A person shall not make any representation that he is soliciting contributions for or on behalf of a charitable organization or shall not use or display any emblem, device, or printed matter belonging to or associated with a charitable organization for the purpose of soliciting or inducing contributions from the public without first being authorized to do so by the charitable organization.
(5)(E) For the purpose of soliciting contributions from persons a person in this State, no a person shall not use the name of any other another person except that of an officer, a director, or a trustee of the charitable organization by or for which contributions are solicited, without the written consent of the other person. A person is considered to have used the name of another person for the purpose of soliciting contributions if the latter person's name is listed on any stationery, advertisement, brochure, or correspondence in or by which a contribution is solicited by or on behalf of a charitable organization or if his name is listed or referred to in connection with a request for a contribution as one who has contributed to, sponsored, or endorsed the charitable organization or its activities.
(6)(F) Nothing contained in subsection (5) (E) of this section prevents the publication of names of contributors, without their written consent, in an annual or other periodic report issued by a charitable organization for the purpose of reporting on its operations and affairs to its membership or for the purpose of reporting contributions to contributors.
Section 33-56-130. If any a charitable organization, professional fund-raising counsel, or professional solicitor, or commercial co-venturer soliciting contributions from people in this State and having a principal place of business outside the State, or organized under and by virtue of the laws of a foreign state, is subject to the provisions of this chapter and does not otherwise appoint a registered agent for service of process, then that charitable organization, professional fund-raising counsel, or professional solicitor, or commercial co-venturer is considered to have irrevocably appointed irrevocably the Secretary of State as an agent upon whom may be served summons, subpoena, subpoena duces tecum, or other process directed to the charitable organization, professional fund-raising counsel, or professional solicitor, or commercial co-venturer or any a partner, principal officer, or director of it in any action or proceeding brought under the provisions of pursuant to this chapter. Service of process upon is made by delivering to and leaving with the Secretary of State, must be made by delivering to and leaving with him personally a copy of it or with any person designated to receive service at the office of the Secretary of State, and the duplicate copies of the process, notice, or demand. The service is sufficient service, provided, that if notice of the service and a copy of the process are sent by the Secretary of State to the charitable organization, professional fund-raising counsel, or professional solicitor, or commercial co-venturer, by registered or certified mail with return receipt requested, at the address set forth provided for in the registration form required to be filed with the Secretary of State pursuant to this chapter or, in default of the filing of the form, at the last address known to the Secretary of State. Service of the process is complete ten days after the receipt by the Secretary of State of a return receipt purporting to be signed by the addressee or a person qualified to receive the registered or certified mail, in accordance with the accepted practices of the United States Postal Service, or, if acceptance was refused by the addressee, ten days after the return to the Secretary of State of the original envelope bearing a notation by the postal authorities that receipt of it was refused.
Section 33-56-140. (1)(A) Upon his own motion or upon complaint of any person, the Secretary of State may investigate any charitable organization, professional fund-raising counsel, or professional solicitor, or commercial co-venturer to determine whether the charitable organization, professional fund-raising counsel, or professional solicitor if it has violated the provisions of this chapter or has filed an application, or other information required under by this chapter, which contains false or misleading statements. The Secretary of State may subpoena or audit persons and require the production of books, papers, and other documents to aid in the investigation of alleged violations of this chapter.
(2)(B) If any a charitable organization, professional fund-raising counsel, or professional solicitor, or commercial co-venturer fails to file a registration application, statement, report, or other information required to be filed with the Secretary of State under by this chapter, or otherwise violates the provisions of this chapter, the Secretary of State shall must notify the delinquent charitable organization, professional fund-raising counsel, or professional solicitor, or commercial co-venturer of this fact by mailing a notice by registered or certified mail, with return receipt requested, to its last known address. If the required registration application, statement, annual report, assurance of voluntary compliance, or other information is not filed, or if the other existing violation is not discontinued, within fifteen days after the formal notification or receipt of the notice, the Secretary of State may assess an administrative fine not to exceed two thousand dollars for each separate violation against the delinquent charitable organization, professional fund-raising counsel, professional solicitor, or commercial co-venturer.
(3)(C) In addition to all other actions authorized by law, the Secretary of State, if he has reason to believe that one or more of the following acts or violations listed below has occurred or may occur, may bring an action to enjoin the charitable organization, professional fund-raising counsel, professional solicitor, commercial co-venturer, or other person from continuing the act or violation, or doing any other acts in furtherance of it, and for such other relief as the court considers appropriate:
(a)(1) a person is knowingly and wilfully operating operates in violation of the provisions of this chapter;
(b)(2) a person has knowingly and wilfully made any makes a false statement in any registration application, statement, report, or other information required to be filed by this chapter;
(c)(3) a person has failed fails to file a registration statement, or annual financial report, or other document required to be filed by this chapter;
(d)(4) a person is employed or is about to be employed in any using in the solicitation or collection of contributions any device, scheme, or artifice to defraud or to obtain money or property by means of false pretense, representation, or promise;
(e)(5) the officers or representatives of a charitable organization, professional fund-raising counsel, or professional solicitor, or commercial co-venturer have refused refuse or failed fail, after notice, to produce any records of the organization; or
(f)(6) whenever the funds raised by solicitation activities are not devoted or will not be devoted to the charitable purposes of the charitable organization.
(4) In addition to the provisions of subsection (3), any person who knowingly and wilfully violates the provisions of this chapter or who knowingly and wilfully gives false or incorrect information to the Secretary of State in filing statements or reports required by this chapter, is guilty of a misdemeanor and, upon conviction, for a first offense must be fined not more than one thousand dollars or be imprisoned for not more than thirty days, and for a second or any subsequent offense must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both.
(5)(D) Any registration application, statement, report, or other information required to be filed with the Secretary of State under pursuant to this chapter by a charitable organization, professional fund-raising counsel, or professional solicitor, or commercial co-venturer which contains false or misleading statements may be rejected by the Secretary of State and returned to the submitting party without being filed.
(6)(E) If a A person that is assessed an administrative fine under or enjoined from any solicitation activity for any violation of this chapter, the person or that is denied registration has thirty days from receipt of certified notice from the Secretary of State to pay the fine or request an evidentiary hearing before an administrative law judge. After thirty days, the Secretary of State shall give the delinquent person thirty days' notice that he will seek to enjoin the activities of the person. Before the Secretary of State seeks an injunction, the person may pay the fines or request a hearing before the Secretary of State. A person who fails to remit fines or request a hearing after the required notice is given and after thirty days from the date of receipt of certified notice has elapsed may be enjoined from engaging in further charitable solicitation activities until the fine is paid. A person assessed a fine may request an evidentiary hearing before the Secretary of State in this State and may have its registration suspended pending final resolution. A person may appeal an adverse ruling by the Secretary of State from an evidentiary hearing to the circuit court. An appeal to the circuit court is governed by the standard of review provided in the Administrative Procedures Act and the case law interpreting that provision.
(7)(F) The Secretary of State may exercise the authority granted in this section against a person who that operates under the guise or pretense of being an organization exempted by the provisions of Section 33-56-40 or 33-56-50, and but is not in fact an organization entitled to the exemption.
Section 33-56-145. (A) A person that knowingly and wilfully violates a provision of this chapter with the intent to deceive or defraud an individual or a charitable organization is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than five thousand dollars or imprisoned not more than one year, or both. For a second offense or subsequent offense, a person is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.
(B) A person that knowingly and wilfully gives false or misleading information to the Secretary of State in a registration, filing statement, or report required by this chapter is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than two thousand dollars or imprisoned not more than one year, or both. For a second offense or subsequent offense, a person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(C) A person that is convicted or pleads guilty or nolo contendere pursuant to subsection (A) or (B) forfeits the bond described in Section 33-56-110 to the Secretary of State and is prohibited from serving as a professional solicitor or fund-raising counsel in this State for a minimum of five years from the date of the conviction.
(D) A violation of this chapter involving a solicitation is considered to be committed at the place where the solicitation was either initiated or was received.
Section 33-56-150. There is created in the office of the Secretary of State a Division of Public Charities which, under the direction and control of the Secretary of State, shall perform the duties imposed upon it by the provisions of this chapter. The executive and administrative head of the division shall be is the Director of Public Charities designated by the Secretary of State.
Section 33-56-160. The first two hundred thousand dollars in administrative fine revenue received pursuant to this chapter in a fiscal year may be retained by the Secretary of State to offset the expenses of enforcing this chapter. All administrative fines collected pursuant to this chapter in excess of two hundred thousand dollars in a fiscal year must be transmitted to the State Treasurer and deposited in the state general fund. All fees collected under pursuant to this chapter must be transmitted to the State Treasurer and deposited in a fund separate and distinct from the state general fund and used by the Secretary of State for the purpose of administering the provisions of this chapter.
Section 33-56-170. For purposes of Section 33-56-180:
(a)(1) 'Charitable organization' means any organization, institution, association, society, or corporation which is exempt from taxation pursuant to Section 501(c)(3) or 501(d) of Title 26 of the United States Code, as amended.
(b)(2) 'Employee' means an agent, servant, employee, or officer of a charitable organization.
Section 33-56-180. (A) Any A person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in an action brought against the charitable organization for only the actual damages he may sustain sustains in an amount not exceeding two hundred fifty thousand dollars the limitations on liability imposed in the South Carolina Tort Claims Act in Chapter 78 of Title 15. An action against the charitable organization under pursuant to this section constitutes a complete bar to any recovery by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim unless it is alleged and proved in the action that the employee acted in a reckless, wilful, or grossly negligent manner, and the employee must be properly joined properly as a party defendant. No A judgment against an employee of a charitable organization may not be returned unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it can be reasonably can be determined.
(B) If the actual damages from the injury or death giving rise to the action arose from the use or operation of a motor vehicle and exceed two hundred fifty thousand dollars, nothing in this section prevents does not prevent the injured person from recovering benefits pursuant to Section 38-77-160 but in an amount not to exceed the limits of the uninsured or underinsured coverage.
Section 33-56-190. The Secretary of State may enter into agreements with the appropriate authority of any other another state for the purpose of exchanging information with respect to charitable organizations, professional fund-raising counsel, and professional solicitors, and commercial co-venturers.
Section 33-56-200. The provisions of this chapter are severable. The unconstitutionality of one section or clause does not affect the constitutionality of the entire chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 919 (Word version) -- Senators Grooms, Reese, Wilson, Leatherman and Branton: A BILL TO AMEND CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE POWERS OF THE GOVERNOR TO MAINTAIN PEACE AND ORDER, SO AS TO PROVIDE THAT, IF THE GOVERNOR ORDERS A MANDATORY EVACUATION OF COASTAL COUNTIES, ALL TRAFFIC ON AFFECTED INTERSTATE SYSTEMS SHALL BE ROUTED USING ALL LANES OR SEGMENTS OF THE INTERSTATE UNTIL SUCH TIME AS THE GOVERNOR'S EMERGENCY PROCLAMATION IS TERMINATED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator FORD proposed the following amendment (JUD0919.002), which was adopted:
Amend the committee report, as and if amended, page [919-1], line 31, in SECTION 1, by striking line 31 in its entirety and inserting:
/ emergency management officials, use all existing traffic lanes and / Amend the committee report further, as and if amended, page [919-1], line 39, in SECTION 1, by striking line 39 in its entirety and inserting:
/ management officials, use all existing traffic lanes and segments on /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator ELLIOTT proposed the following amendment (JUD0919.003), which was adopted:
Amend the committee report, as and if amended, page [919-1], beginning on line 32, by striking line 32, as contained in SECTION 1, in its entirety and inserting:
/ segments on affected interstate systems, designated evacuation routes, and, as appropriate and /
Amend the committee report further, if amended, page [919-1], beginning on line 40, by striking line 40, as contained in SECTION 1, in its entirety and inserting:
/ affected interstate systems, designated evacuation routes, and, as appropriate and necessary, other /
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD0919.001), which was adoped:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Chapter 3, Title 1 of the 1976 Code is amended by adding:
"Section 1-3-500. Upon the issuance of an executive order or proclamation by the Governor pursuant to Article 7, Chapter 3, Title 1 for the mandatory evacuation of citizens from any county for a hurricane or other emergency, the Governor shall order that the Department of Public Safety, in conjunction with other emergency management officials, use all existing lanes and segments on affected interstate systems and, as appropriate and necessary, other roadways to route traffic away from the evacuated area in one direction until the Governor determines that the traffic flow no longer necessitates the use of all existing lanes to efficiently move traffic away from the evacuated area. Once the Governor terminates the mandatory evacuation order, the Department of Public Safety, in conjunction with other emergency management officials, shall use all existing lanes and segments on affected interstate systems and, as appropriate and necessary, other roadways to route traffic toward the evacuated area in one direction until the Governor determines that the traffic flow no longer necessitates the use of all existing lanes to efficiently move traffic toward the evacuated area." /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the committee amendment.
The committee amendment was adopted, as amended.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator RAVENEL, with unanimous consent, the name of Senator RAVENEL was added as a co-sponsor of S. 919.
S. 1160 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE JANUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Senator THOMAS explained the Joint Resolution.
On motion of Senator THOMAS, with unanimous consent, the Joint Resolution was carried over.
S. 1226 (Word version) -- Senators Patterson, Giese, Jackson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 20, 2000, MISSED BY THE STUDENTS OF A. C. FLORA HIGH SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A MALFUNCTION IN THE HEATING SYSTEM, 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.
On motion of Senator PATTERSON, with unanimous consent, the Joint Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Bryan, Hutto, Courson, Richardson, Ravenel, Washington, Giese and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT, IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT, IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.
The Senate proceeded to a consideration of a consideration of the Bill. The question being the second reading of the Bill.
Senator BRYAN spoke on the Bill.
At 12:45 P.M., Senator MOORE assumed the Chair.
Senator BRYAN continued speaking on the Bill.
Senator SALEEBY asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments, carrying over all amendments to third reading.
Senator RYBERG objected.
Senator MARTIN proposed the following Amendment No. 1 (1041R002.LAM):
Amend the bill, as and if amended, page 5, after line 37, by adding a sentence to read:
/ The Budget and Control Board must delay the implementation of this section so long as the state health plan does not comply with the requirements of Section 1-11-710. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
On motion of Senator McCONNELL, debate was interrupted by adjournment.
On motion of Senator MATTHEWS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Valentine Burroughs, Jr. of Camden, S.C.
Senator McCONNELL moved that, when the Senate adjourns on Friday, March 10, 2000, it stand adjourned to meet next Tuesday, March 14, 2000, at 12:00 Noon, which motion was adopted.
At 1:46 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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