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, hear St. Matthew's version of the parable of the vineyard, Chapter 20 (v. 1f.):
"The kingdom of heaven is like a landowner who went out early
in the morning to hire laborers for his vineyards..."
Let us pray:
Good Lord, we thank You for the healing You are giving our friends, your servants, Judy Fair and GLENN McCONNELL! For health of body, mind and spirit we look daily to you!
Heavenly Father, the time has come for us to put together that document outlining our stewardship for the coming year... sometimes called The Budget.
Give us a vision of what You want our State to become and provide the resources, we pray.
Citizens will be providing their requests for their slice of the pie.
Help us, in committees and on the floor to distinguish between their "wants" and their "needs!"
We do make bold to pray for the sensitivity to the needs of the poorest of the poor of whom the Lord said, "Inasmuch as you did it unto one of these, the least of these, you did it unto me."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 2514
Agency: Commission on Higher Education
SUBJECT: LIFE and Palmetto Fellows Scholarship Appeals
Received by Lieutenant Governor April 26, 2000
Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor
of the Day.
S. 966 (Word version) -- Senators Washington, Elliott and Glover: A BILL TO AMEND SECTION 5-7-12 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO DESIGNATION OF SCHOOL RESOURCE OFFICERS, SO AS TO FURTHER PROVIDE FOR TRAINING AND REGULATION OF SUCH OFFICERS.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
S. 1276 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 22-4-545(C), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE FOR THE COURT OF GENERAL SESSIONS SHALL RETAIN CERTAIN ADMINISTRATIVE SUPERVISION OVER CASES WHICH ARE TRANSFERRED TO MAGISTRATE'S COURT.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
H. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill, Hinson, Barrett, Keegan, Law and Rice: A BILL TO AMEND
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
S. 1345 (Word version) -- Senator Anderson: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 34, THE "NEWBORN PROTECTION ACT" SO AS TO PERMIT A PARENT OF A NEWBORN INFANT OR OF A CHILD THIRTY DAYS OF AGE OR LESS TO RELINQUISH CUSTODY OF THE INFANT OR CHILD TO A HOSPITAL, TO PROVIDE FOR TERMINATION OF PARENTAL RIGHTS OF THE RELINQUISHING PARENT BY OPERATION OF LAW, TO REQUIRE CERTAIN MEDICAL INFORMATION TO BE PROVIDED, AND TO PROVIDE PROSECUTION IMMUNITY FOR A RELINQUISHING PARENT WHO PROVIDES THE REQUISITE MEDICAL INFORMATION.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled, read the second time with notice of general amendments and ordered placed on the third reading Calendar for consideration tomorrow.
At 11:25 A.M., Senator BRYAN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate
There was no objection and a message was sent to the House accordingly.
The following were introduced:
S. 1361 (Word version) -- Senator Holland: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2000.
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Read the first time and referred to the Committee on Judiciary.
S. 1362 (Word version) -- Senator Moore: A SENATE RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON LEARNING OF THE DEATH OF MARY EIDSON WILLIS OF GRANITEVILLE AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 1363 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION RECOGNIZING THE LIFE AND GOOD WORKS OF MISS BETTY J. ALVERSON OF GREENVILLE AND EXPRESSING THE APPRECIATION AND RESPECT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE CONTRIBUTIONS AND LEADERSHIP SHE HAS PROVIDED TO FURMAN UNIVERSITY'S COLLEGIATE EDUCATIONAL SERVICE CORPS ON THE OCCASION OF HER RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1364 (Word version) -- Senators Grooms, Alexander, Anderson, Bauer, Branton, Bryan, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore,
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4922 (Word version) -- Reps. Allison, Davenport and Hawkins: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN SPARTANBURG 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.
Read the first time and referred to the Committee on Education.
Senator REESE asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
H. 4950 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO THE RESPONSIBILITIES OF THE COMPTROLLER GENERAL AND THE DEPARTMENT OF REVENUE WITH RESPECT TO PROPERTY TAXATION AND FEES IN LIEU OF PROPERTY TAXES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2474, PURSUANT TO THE
Read the first time and referred to the Committee on Finance.
H. 4973 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION CONGRATULATING COACH EDWARD PELLMAN AND THE ORANGEBURG-WILKINSON HIGH SCHOOL BASKETBALL BRUINETTES ON THEIR THIRD GIRLS' CLASS 4-A STATE BASKETBALL CROWN, PROVING THEIR TEAM SLOGAN: "WHERE WINNING IS NOT A HABIT--IT'S A TRADITION".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4977 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO COMMEND ANDY OSWALD, JOHN HAMILTON, AND MARK PATTERSON OF AIKEN FOR THEIR HEROIC ASSISTANCE WITHOUT REGARD TO THEIR PERSONAL SAFETY IN APPREHENDING A BURGLAR WHO HAD ROBBED AND ASSAULTED THEIR NEIGHBOR.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4983 (Word version) -- Reps. Howard and Rutherford: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE W. J. KEENAN HIGH SCHOOL "RAIDERS" BOYS BASKETBALL TEAM OF RICHLAND COUNTY AND THEIR COACHES FOR AN EXCEPTIONAL SEASON AND ON THE OCCASION OF WINNING THE 1999-2000 CLASS AAA STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 4 (Word version) -- Senators Leventis, Elliott, Branton, Rankin and Reese: A BILL TO AMEND SECTION 1-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMEDIATELY FURNISHING INFORMATION ON THE AFFAIRS OR
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 903 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DUMPING LITTER OR OTHER SOLID WASTE ON PUBLIC OR PRIVATE PROPERTY, SO AS TO INCREASE THE MONETARY PENALTY, THE LENGTH OF TIME FOR PUBLIC SERVICE WORK THE COURT SHALL IMPOSE, AND TO PROVIDE FOR THE IMPOSITION OF POINTS ON THE PERSON'S DRIVER'S LICENSE IF THE VIOLATION OF THIS SECTION OCCURRED WHILE THE OFFENDER WAS OPERATING A MOTOR VEHICLE; AND TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOTOR VEHICLE TRAFFIC LAWS, BY ADDING LITTERING WHILE OPERATING A MOTOR VEHICLE TO THE OFFENSES FOR WHICH POINTS ARE ASSESSED.
Ordered for consideration tomorrow.
Senator GLOVER from the Committee on Judiciary submitted a favorable with amendment report on:
S. 960 (Word version) -- Senators Hayes, Giese and Rankin: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EFFECTING AN ARREST OR SEARCH WITH OR WITHOUT A WARRANT, THE HANDLING OF A DOMESTIC OR FAMILY VIOLENCE COMPLAINT OR CRIME BY A LAW ENFORCEMENT OFFICER OR A COURT, AND A LAW ENFORCEMENT OFFICER'S LIABILITY FOR AN ACT, OMISSION, OR EXERCISE OF DISCRETION UNDER THIS SECTION, SO AS TO DELETE A PROVISION WHICH REQUIRES A LAW ENFORCEMENT OFFICER TO HAVE PROBABLE
Ordered for consideration tomorrow.
Senator GLOVER from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1174 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS OR OCCUPIED STRUCTURES, SO AS TO ADD A PROHIBITION AGAINST DISCHARGING FIREARMS AT OR INTO ANY VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT WHILE IT IS OCCUPIED.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1197 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT CERTAIN BUILDING CODES AND STANDARDS MUST BE ADOPTED BY THE STATE MUNICIPALITIES AND COUNTIES AFTER THE ESTABLISHMENT OF A BUILDING INSPECTION DEPARTMENT, SO AS TO PROHIBIT THE ADOPTION BY THE STATE OF ANY PORTION OF A REGIONAL OR NATIONAL BUILDING CODE THAT RELATES PRIMARILY TO SAFETY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 6-9-120, RELATING TO EXEMPTING WATER OR SEWER SYSTEMS FROM THE PROVISIONS OF CHAPTER 9, TITLE 6 (BUILDING CODES), SO AS TO EXEMPT LANDSCAPE IRRIGATION SYSTEMS.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 1222 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-86 SO AS TO PROVIDE THAT SPEECH LANGUAGE PATHOLOGISTS CERTIFIED BY THE AMERICAN SPEECH-LANGUAGE HEARING ASSOCIATION (ASHA) SHALL HAVE A RECERTIFICATION CYCLE CONSISTENT WITH THE RECERTIFICATION CYCLE FOR ASHA CERTIFICATION, AND THAT SPEECH-LANGUAGE PATHOLOGISTS MOVING INTO THIS STATE SHALL BE EXEMPT FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, AND TO PROVIDE THAT SPEECH-LANGUAGE PATHOLOGISTS SHALL RECEIVE A SPECIFIED INCREASE IN PAY AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF ASHA CERTIFICATION.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 1344 (Word version) -- Senator Moore: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 124, SO AS TO ENACT THE "UNIVERSAL NEWBORN HEARING SCREENING AND INTERVENTION ACT"; TO REQUIRE NEWBORN HEARING SCREENING TO BE CONDUCTED ON ALL NEWBORNS BORN IN HOSPITALS IN THIS STATE DURING BIRTH ADMISSION, USING PROCEDURES RECOMMENDED OR APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE EVERY HOSPITAL IN THIS STATE TO PROVIDE EDUCATIONAL INFORMATION FOR THE PARENTS OF NEWBORNS BORN IN SUCH HOSPITALS CONCERNING THE IMPORTANCE OF HEARING SCREENING; AND TO PROVIDE THAT NO TEST SHALL BE PERFORMED IF THE PARENT OF A NEWBORN DISSENTS ON THE GROUND THAT THE TEST CONFLICTS WITH A PERSONAL RELIGIOUS BELIEF OR PRACTICE.
Ordered for consideration tomorrow.
Columbia, S.C., April 25, 2000
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J.H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
asks for a Committee of Conference, and has appointed Reps. Simrill, D. Smith and F. Smith to the committee on the part of the House.
Very respectfully,
Speaker of the House
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J.H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, GLOVER and GREGORY of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., April 25, 2000
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4716 (Word version) -- Reps. Altman, Campsen, Harrell and Limehouse: A BILL TO REQUIRE THE CHARLESTON COUNTY SCHOOL BOARD TO PROVIDE SUITABLE SPACE FOR VOTING PURPOSES, AT NO CHARGE, WHEN REQUESTED BY THE COUNTY OR STATE CHAIRMAN OF A CERTIFIED POLITICAL PARTY.
asks for a Committee of Conference, and has appointed Reps. Seithel, Whipper and Mack to the committee on the part of the House.
Very respectfully,
Speaker of the House
H. 4716 (Word version) -- Reps. Altman, Campsen, Harrell and Limehouse: A BILL TO REQUIRE THE CHARLESTON COUNTY SCHOOL BOARD TO PROVIDE SUITABLE SPACE FOR VOTING PURPOSES, AT NO CHARGE, WHEN REQUESTED BY THE COUNTY OR STATE CHAIRMAN OF A CERTIFIED POLITICAL PARTY.
Whereupon, the PRESIDENT Pro Tempore appointed Senators PASSAILAIGUE, WASHINGTON and RAVENEL to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 1348 (Word version) -- Senators Drummond, Bryan and O'Dell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. WILLIAM C. (BILL) MORAN FOR HIS OUTSTANDING, DEDICATED SERVICE AS PRESIDENT OF LANDER UNIVERSITY AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.
Returned with concurrence.
Received as information.
S. 1268 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO ENDORSE THE RECOMMENDATIONS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) AND AMERICAN ACADEMY OF PEDIATRICS (AAP) FOR HEALTH
Returned with concurrence.
Received as information.
S. 1353 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION CONGRATULATING THE TWENTY-FIVE SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2000 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.
Returned with concurrence.
Received as information.
S. 1356 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO CONGRATULATE BISHOP DR. A. J. BIXBY, JR. ON TWENTY YEARS OF DEDICATED AND DEVOTED SERVICE TO THE PEOPLE OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 1357 (Word version) -- Senators Land, Drummond, Holland, Saleeby, Smith, J. Verne, Setzler, Leatherman, Leventis, McConnell, Moore, Peeler, Bryan, Courson, Giese, Matthews, Thomas, Wilson, Patterson, Russell, McGill, O'Dell, Passailaigue, Washington, Reese, Hayes, Courtney, Elliott, Ford, Glover, Gregory, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Bauer and Richardson: A CONCURRENT RESOLUTION TO JOIN GOVERNOR JIM HODGES IN RECOGNIZING APRIL 24-28, 2000, AS "MINOR LEAGUE BASEBALL WEEK" IN SOUTH CAROLINA AND TO RECOGNIZE THE CONTRIBUTION THAT MINOR LEAGUE
Returned with concurrence.
Received as information.
The PRESIDENT appointed Senators PASSAILAIGUE, MARTIN, RANKIN and RAVENEL to escort the winners of the 2000 Jean Laney Harris Folk Heritage Awards, members of the advisory committee and members of their party to the House Chamber for the Joint Assembly.
At 11:55 A.M., on motion of Senator DRUMMOND, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
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.
The PRESIDENT appointed Senators PASSAILAIGUE, MARTIN, RANKIN and RAVENEL to the Escort Committee on behalf of the Senate.
The Speaker appointed Representatives Limehouse, Robinson, Barfield and Harris to the Escort Committee on behalf of the House of Representatives.
The Escort Committees of the Senate and House accompanied the winners of the 2000 Jean Laney Harris Folk Heritage Award and the members of the 2000 Jean Laney Harris Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.
The PRESIDENT introduced the Speaker of the House who, in turn, introduced the respective award winners who were presented certificates honoring their respective talents.
The winners entertained the members of the Joint Assembly -Ms. M. Jeannette Gaillard Lee, Master Sweetgrass Basket Maker, displayed a sample of her Sweetgrass Baskets; Mr. J. C. Owens, Master Fiddler, entertained the Assembly with a selection on his fiddle; the Red White Family performed a rendition of "Amazing Grace"; and representatives from the Avery Research Center for African-American History and Culture, College of Charleston were in attendance to receive the Advocacy award.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:25 P.M., the Senate resumed.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 26, 2000, at 12:25 P.M. and the following Acts and Joint Resolutions were ratified:
(R261, S. 60 (Word version)) -- Senator Ford: AN ACT TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT THE THIRD MONDAY OF JANUARY, MARTIN LUTHER KING, JR. DAY, AND THE TENTH DAY OF MAY, CONFEDERATE MEMORIAL DAY, ARE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE THE NINETEENTH DAY OF JANUARY, ROBERT E. LEE'S BIRTHDAY, AND THE THIRD DAY OF JUNE, JEFFERSON DAVIS' BIRTHDAY, AS HOLIDAYS; TO DELETE REFERENCES TO OPTIONAL HOLIDAYS; TO DELETE GENERAL ELECTION DAYS AS LEGAL HOLIDAYS; AND TO AMEND SECTION 53-3-80, RELATING TO JANUARY FIFTEENTH OF EACH YEAR BEING
(R262, S. 85 (Word version)) -- Senators Thomas and Giese: AN ACT TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FROM HIS IMMEDIATE FAMILY FOR EITHER HIS COUNSEL OR A RELIGIOUS LEADER AS A WITNESS PERMITTED TO VIEW HIS EXECUTION, OR MAY SUBSTITUTE TWO PERSON FROM HIS IMMEDIATE FAMILY FOR BOTH HIS COUNSEL AND A RELIGIOUS LEADER AS WITNESSES PERMITTED TO VIEW HIS EXECUTION, TO PROVIDE A DEFINITION FOR THE TERM "IMMEDIATE FAMILY", TO LIMIT THE NUMBER OF PERSONS PERMITTED TO WITNESS AN EXECUTION, AND TO DIRECT THE DEPARTMENT OF CORRECTIONS TO ESTABLISH INTERNAL POLICIES RATHER THAN PROMULGATE REGULATIONS TO GOVERN THE SELECTION OF MEDIA REPRESENTATIVES PERMITTED TO VIEW AN EXECUTION.
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(R263, S. 95 (Word version)) -- Senators Giese and Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO ADD SECTION 44-71-95 SO AS TO PROVIDE THAT A HEALTH CARE FACILITY IS NOT PROHIBITED FROM PROVIDING HOSPICE SERVICES THROUGH CONTRACTUAL ARRANGEMENTS WITH A LICENSED HOSPICE ORGANIZATION; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO INCLUDE HOSPICE FACILITIES IN
(R264, S. 139 (Word version)) -- Senators Peeler, Giese, Leventis, Russell and Reese: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING IN THIS STATE, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ISSUANCE OF PERMITS AND THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PAYMENT OF PERMIT FEES, CONDUCTING OF INSPECTIONS, AND CRIMINAL OFFENSES AND PENALTIES.
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(R265, S. 226 (Word version)) -- Senator McConnell: AN ACT TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING MARSHLAND LOCATED IN THE TIDAL FLOW OR AN INTERVENING PUBLICLY-OWNED WATERWAY, WHETHER OR NOT THE MARSHLAND LOCATED IN THE TIDAL FLOW OR THE PUBLICLY-OWNED WATERWAY HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE MARSHLAND LOCATED IN THE TIDAL FLOW OR THE PUBLICLY-OWNED WATERWAY DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING
(R266, S. 702 (Word version)) -- Senator Martin: AN ACT TO AMEND SECTION 50-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE USE OF BAIT TO LURE BEARS, SO AS TO REVISE THIS SECTION TO PROHIBIT FEEDING OR ENTICING WITH FOOD ANY BLACK BEAR, TO PROVIDE EXCEPTIONS TO THE PROHIBITION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
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(R267, S. 704 (Word version)) -- Senators Holland and Grooms: AN ACT TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH CRITERIA, POWERS, DUTIES, TRAINING REQUIREMENTS AND PROGRAMS FOR THE COMMISSIONING OF FORMER LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT TO RECEIVE A DEPARTMENT OF PUBLIC SAFETY SPECIAL CONSTABLE COMMISSION; TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO AUTHORIZE A COMMISSIONED OFFICER OR UNIFORMED
(R268, S. 755 (Word version)) -- Senator Bryan: AN ACT TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RIGHTS, DUTIES, AND POWERS OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION COLLECT STATISTICS AND ADOPT REGULATIONS ON MENTAL DEFICIENCIES AND EPILEPTICS; TO AMEND SECTION 44-11-10, AS AMENDED, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT HALL PSYCHIATRIC INSTITUTE SHALL NO LONGER BE MAINTAINED AS A TEACHING HOSPITAL FOR THE PRIMARY PURPOSES OF TRAINING MENTAL HEALTH PERSONNEL AND PSYCHIATRIC RESEARCH; TO AMEND SECTION 44-15-50, RELATING TO GRANTS AUTHORIZED AND APPROVED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO DELETE REQUIREMENTS AS TO HOW FUNDS MAY BE EXPENDED; TO AMEND SECTION 44-15-80, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT ANYONE WHO CANNOT AFFORD TREATMENT IS ELIGIBLE TO RECEIVE CERTAIN SERVICES; TO AMEND SECTION 44-17-410, AS AMENDED, RELATING TO THE EMERGENCY ADMISSION OF PERSONS TO A PUBLIC OR PRIVATE HOSPITAL, MENTAL HEALTH CLINIC, OR MENTAL HEALTH FACILITY, SO AS TO PROVIDE FOR EXTENUATING CIRCUMSTANCES FOR REVIEWING INVOLUNTARY TREATMENT; TO AMEND SECTION 44-17-540, AS AMENDED, RELATING TO THE EXAMINATION OF PERSONS ADMITTED FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE CERTAIN REQUIREMENTS WHEN INVOLUNTARY TREATMENT IS
(R269, S. 1053 (Word version)) -- Senator Drummond: A JOINT RESOLUTION TO REQUIRE THE LOCAL GOVERNMENT FUNDING SYSTEM STEERING COMMITTEE TO COMPLETE ITS FINAL REPORT BY DECEMBER 31, 2000, RATHER THAN BY APRIL 1, 2000, TO PROVIDE FOR AN INTERIM REPORT AT THE TIME OF THE ORIGINAL DUE DATE, AND TO ALLOW THE FUNDS APPROPRIATED FOR THE COMMITTEE TO CARRY FORWARD INTO THE NEXT FISCAL YEAR.
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(R270, 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.
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(R271, 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.
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(R272, S. 1234 (Word version)) -- Senator Rankin: AN ACT 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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(R273, S. 1249 (Word version)) -- Senators J. Verne Smith and Russell: AN ACT TO AMEND SECTION 4-23-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE BOARD OF FIRE CONTROL OF THE PELHAM-BATESVILLE FIRE DISTRICT IN GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO ADD ADDITIONAL POWERS TO THE BOARD.
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(R274, S. 1250 (Word version)) -- Senators Grooms, Matthews and Washington: AN ACT TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE
(R275, S. 1290 (Word version)) -- Senator Hayes: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2000, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN YORK, SOUTH CAROLINA, TO YORK COUNTY.
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(R276, S. 1310 (Word version)) -- Senators Grooms and Mescher: AN ACT TO AMEND ACT 178 OF 1999, RELATING TO THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BY REPEALING SECTION 9, RELATING TO A REFERENDUM ON A SPECIAL ONE PERCENT SALES AND USE TAX FOR NOT MORE THAN TWENTY YEARS IN BERKELEY COUNTY.
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(R277, S. 1323 (Word version)) -- Senators Bauer and Wilson: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2000, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WHITMIRE, SOUTH CAROLINA, TO THE TOWN OF WHITMIRE.
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(R278, H. 3056 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A COMPUTER TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUPPLY THE COMPUTER TAPE TO THE STATE ELECTION COMMISSION EVERY YEAR INSTEAD OF EVERY THREE YEARS AND THAT THE TAPE MUST INCLUDE ALL PERSONS WHO OBTAINED A VALID DRIVER'S LICENSE OR IDENTIFICATION CARD DURING THE PREVIOUS YEAR AND EXCLUDE ALL PERSONS
(R279, H. 3266 (Word version)) -- Reps. D. Smith, J. Brown, W. McLeod and Miller: AN ACT TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ENACT THE "SOUTH CAROLINA BROWNFIELDS/VOLUNTARY CLEANUP ACT" INCLUDING PROVISIONS WHICH ESTABLISH A VOLUNTARY CLEANUP PROGRAM FOR PARTIES RESPONSIBLE FOR DISPOSAL OF HAZARDOUS WASTE AND TO FURTHER PROVIDE FOR THE PURPOSES AND THE PROCEDURES UNDER WHICH THIS PROGRAM IS TO OPERATE; AND TO AMEND SECTION 44-56-200, AS AMENDED, RELATING TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, SO AS TO CLARIFY THE MEANING OF "PERSON" FOR PURPOSES OF THAT ACT.
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(R280, H. 3295 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 38 SO AS TO ENACT PROVISIONS GOVERNING AND REGULATING FRATERNAL BENEFIT SOCIETIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN CRIMINAL OFFENSES AND PENALTIES, MEMBERSHIP, CONTRACTUAL BENEFITS, AND FINANCES; TO REPEAL CHAPTER 37, TITLE 38, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS; TO AMEND SECTION
(R281, H. 3419 (Word version)) -- Reps. Klauber, Cooper, Lanford, Fleming, Taylor, Limehouse, Altman, Knotts, Hawkins, Loftis, Sandifer, Harrison, Lucas, Robinson, Witherspoon, Hinson, Vaughn, Keegan, Riser, Wilkins and Young-Brickell: AN ACT TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 2000", TO DEFINE "SHOOTING RANGE", "PERSON", AND "SUBSTANTIAL CHANGE IN USE", TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES, TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES, TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT, AND TO PROVIDE FOR PUBLIC NOTICE WHEN ENTERING A SHOOTING RANGE AREA.
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(R282, H. 3555 (Word version)) -- Reps. Allison and Rodgers: AN ACT TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH
(R283, H. 3889 (Word version)) -- Rep. Edge: AN ACT TO AMEND CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIMESHARING PLANS, BY ADDING ARTICLE 3, SO AS TO PROVIDE PROCEDURES FOR THE FORECLOSURE OF LIENS ON TIMESHARE ESTATES; AND TO DESIGNATE SECTIONS 27-32-10 THROUGH 27-32-250 AS ARTICLE 1, CHAPTER 32, TITLE 27, ENTITLED "VACATION TIME SHARING PLANS".
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(R284, H. 3914 (Word version)) -- Reps. Cato, Hayes and Mason: AN ACT TO AMEND SECTION 38-39-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES, SO AS TO PROVIDE WHEN THE INSURER RETURNS GROSS UNEARNED PREMIUMS DUE UNDER THE INSURANCE CONTRACT TO THE PREMIUM SERVICE COMPANY WHICH FINANCED THE PREMIUM, THAT THE GROSS UNEARNED PREMIUMS DUE ON PERSONAL LINES INSURANCE CONTRACTS FINANCED BY PREMIUM SERVICE COMPANIES MUST BE COMPUTED ON A PRO RATA BASIS.
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(R285, H. 4017 (Word version)) -- Ways and Means Committee: AN ACT TO AMEND SECTION 59-123-60, AS AMENDED, CODE OF LAWS
(R286, H. 4139 (Word version)) -- Reps. Barrett and Townsend: AN ACT TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO ESTABLISH AN "S" ENDORSEMENT WHICH AUTHORIZES A PERSON WHO POSSESSES A COMMERCIAL DRIVER LICENSE WITH THIS ENFORCEMENT TO DRIVE DEPARTMENT OF EDUCATION SCHOOL BUSES OR SCHOOL DISTRICT OWNED ACTIVITY BUSES; AND TO AMEND SECTION 56-1-2070, AS AMENDED, RELATING TO PERSONS WHO ARE NOT REQUIRED TO POSSESS A COMMERCIAL DRIVER LICENSE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO REVISE THE GROUP OF MILITARY PERSONNEL WHO MAY OPERATE A COMMERCIAL MOTOR VEHICLE WITHOUT POSSESSING A COMMERCIAL DRIVER LICENSE.
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(R287, H. 4266 (Word version)) -- Reps. Law, Dantzler, Hinson, Gourdine and H. Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-141, SO AS TO ESTABLISH A NO WAKE ZONE AT PIMLICO BOAT LANDING IN BERKELEY COUNTY.
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(R288, H. 4383 (Word version)) -- Reps. Quinn, Gilham and Seithel: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-135 SO AS TO AUTHORIZE ONLY A LICENSED DENTIST TO EXERCISE CONTROL OVER CERTAIN ACTS RELATED TO THE PRACTICE OF DENTISTRY AND MAINTAINING A DENTAL OFFICE AND TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING THESE ACTS; AND BY ADDING SECTION 40-15-83, SO AS TO REQUIRE DENTISTS TO MAINTAIN PATIENT RECORDS FOR AT LEAST FIVE YEARS AFTER WHICH THEY MAY BE DESTROYED, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A CIVIL PENALTY.
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(R289, H. 4416 (Word version)) -- Reps. Kelley, Robinson, Riser and Carnell: AN ACT TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE
(R290, H. 4520 (Word version)) -- Reps. Robinson, Rice, Webb and Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 19, 2000, BY THE STUDENTS AND TEACHERS OF GETTYS MIDDLE SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP, AND TO PERMIT THE BOARD OF TRUSTEES OF THE PICKENS COUNTY SCHOOL DISTRICT TO CHOOSE NOT BE EXEMPTED AS PROVIDED ABOVE.
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(R291, H. 4543 (Word version)) -- Rep. Miller: AN ACT 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, OR OTHER INFORMATION INDICATIVE OF UNITS OF GOODS OR SERVICES SOLD, 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.
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(R292, H. 4618 (Word version)) -- Reps. Sharpe, Davenport and Wilkes: AN ACT TO AMEND CHAPTER 57, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL AUDIT PRIVILEGES AND VOLUNTARY DISCLOSURE, SO AS TO PROVIDE THAT AN ENVIRONMENTAL AUDIT REPORT IS PRIVILEGED, IMMUNE FROM DISCOVERY, AND INADMISSIBLE IN CERTAIN CIVIL OR ADMINISTRATIVE PENALTY ACTIONS AND THAT NO PRIVILEGE APPLIES IN CRIMINAL INVESTIGATIONS OR PROCEEDINGS; TO CLARIFY ADDITIONAL DOCUMENTS AND INFORMATION THAT ARE NOT SUBJECT TO THE PRIVILEGE; TO PROVIDE THAT THE PRIVILEGE CONTINUES FOR CIVIL AND ADMINISTRATIVE PROCEEDINGS WHEN AN AUDIT HAS BEEN OBTAINED OR USED IN A CRIMINAL PROCEEDING; TO CLARIFY AUDIT NOTIFICATION REQUIREMENTS; TO REQUIRE A PERSON CLAIMING IMMUNITY BECAUSE OF A VOLUNTARY DISCLOSURE OF AN ENVIRONMENTAL VIOLATION TO PROVE SPECIFIC ELEMENTS IN ORDER TO BE ENTITLED TO IMMUNITY AND FOR THE BURDENS OF PROOF IN THIS REGARD; AND TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A DISCLOSURE IS NOT VOLUNTARY.
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(R293, H. 4644 (Word version)) -- Reps. Lucas, Harris, Jennings and Neilson: AN ACT TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE CHESTERFIELD COUNTY EDUCATION ADVISORY COUNCIL, SO AS TO PROVIDE FOR SIX LOCAL EDUCATION ADVISORY COUNCILS FOR THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO PROVIDE FOR THE MEMBERSHIP OF THE COUNCILS AND ELECTION PROCEDURES FOR SUCH MEMBERS.
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(R294, H. 4665 (Word version)) -- Rep. Klauber: AN ACT TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENWOOD 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
(R295, H. 4783 (Word version)) -- Reps. Harris, Lucas, Jennings and Neilson: A JOINT RESOLUTION TO PROVIDE THAT THE CHESTERFIELD COUNTY SCHOOL DISTRICT IS AUTHORIZED TO PILOT A PROGRAM TO DETERMINE THE FEASIBILITY OF USING SCHOOL BUS TRANSPORTATION AS PART OF A COORDINATED COMMUNITY SERVICE BY ALLOWING CERTAIN INDIVIDUALS TO RIDE STATE-OWNED SCHOOL BUSES OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS AND UNDER CERTAIN CIRCUMSTANCES, TO ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION WITH NONSCHOOL-RELATED ACTIVITIES OR PROGRAMS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS PROVISION IS NOT A WAIVER OR ABROGATION OF THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, TO PROVIDE THAT THE SCHOOL DISTRICT MUST OBTAIN A SLED BACKGROUND CHECK ON EACH INDIVIDUAL WHO SEEKS PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION, TO PROVIDE THAT AN ADULT GIVEN PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION MUST POSSESS AND WEAR A PHOTO-IDENTIFICATION CARD CONTAINING CERTAIN INFORMATION, AND TO PROVIDE THAT INDIVIDUALS OTHER THAN SCHOOL STUDENTS MAY NOT BE CONSIDERED "LAWFUL OCCUPANTS" PURSUANT TO CERTAIN CIRCUMSTANCES.
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(R296, H. 4817 (Word version)) -- Reps. Meacham-Richardson, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: AN ACT TO ESTABLISH FIVE SINGLE MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF YORK SCHOOL DISTRICT NO. 1 OF YORK COUNTY MUST RESIDE AND BE ELECTED BY THE QUALIFIED ELECTORS OF EACH DISTRICT, PROVIDE THAT
(R297, H. 4839 (Word version)) -- Reps. Vaughn, Wilkins, Haskins, Cato, Easterday, Hamilton, Leach, Loftis, McMahand, Rice, F. Smith and Tripp: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE CERTAIN POLLING PLACES, AND DESIGNATE A MAP NUMBER ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND EFFECTIVE JANUARY 1, 2001, THE AUTHORITY TO ESTABLISH POLLING PLACES IS TRANSFERRED FROM THE GENERAL ASSEMBLY TO THE GREENVILLE COUNTY BOARD OF VOTER REGISTRATION AND THE GREENVILLE COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE MEMBERS OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.
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(R298, H. 4860 (Word version)) -- Reps. Sandifer and Barrett: AN ACT TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD OCONEE COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD OCONEE COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
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(R299, H. 4869 (Word version)) -- Rep. Harris: AN ACT TO ENACT THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3120 (Word version) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.
H. 3741 (Word version) -- Reps. Sharpe, Wilkes and Davenport: A BILL TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO AMEND SECTION 58-5-720 RELATING TO THE FILING OF BONDS OF CERTIFICATES OF DEPOSIT BEFORE APPROVAL OF CONSTRUCTION OR OTHER WORK ON WATER OR SEWER SYSTEMS SO AS TO INCREASE
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 4555 (Word version) -- Reps. J. Smith and Walker: A BILL TO AMEND SECTION 20-7-9710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO ADD THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD.
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (4555R001.CBH), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read: /
SECTION ___. Section 20-7-6605 of the 1976 Code is amended by adding a new item to read:
"(9) 'Valid court order' means an order, including a consent order, issued by the family court pertaining to a child over whom the court has jurisdiction and where the court has:
(a) ensured that the child has been afforded all due process rights guaranteed to child offenders; and
(b) received a written report from the appropriate state or local agency or public entity which has:
(1) reviewed the circumstances causing the child to be before the court; and
(2) made a recommendation as to disposition."
SECTION ___. Section 20-7-7810(F) of the 1976 Code is amended to read:
"(F) Notwithstanding subsections (A) and (E), a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, a child who has been found in contempt of court for violation of a valid court order, as defined in Section 20-7-6605, related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department for a determinate period not to exceed ninety days; however, a child committed under this section may not be confined with a child who has been determined by the department to be violent." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 1350 (Word version) -- Education Committee: A BILL TO AMEND CHAPTER 39, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DIPLOMAS, BY ADDING SECTION 59-39-115 SO AS TO PROVIDE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO A HIGH SCHOOL STUDENT WHO ENLISTED IN THE UNITED STATES ARMED FORCES DURING THE PERIOD OF DECEMBER 8, 1941, THROUGH
S. 283 (Word version) -- Senators Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
S. 946 (Word version) -- Senators Holland, Elliott and Rankin: A BILL TO AMEND SECTION 7-5-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR VOTING WHEN A QUALIFIED ELECTOR MOVES AND DOES NOT NOTIFY THE COUNTY BOARD OF VOTER REGISTRATION OF THE CHANGE OF ADDRESS BEFORE THE ELECTION, SO AS TO INCLUDE A PERSON WHO MOVES FROM ONE COUNTY TO ANOTHER AND DOES NOT NOTIFY THE BOARD WITHIN THE THIRTY-DAY PERIOD BEFORE THE ELECTION.
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
S. 52 (Word version) -- Senators Giese, Elliott, Leventis, Hayes, Rankin and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-55 SO AS TO
Having voted on the prevailing side, Senator WASHINGTON asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.
There was no objection.
Senator WASHINGTON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
The Education Committee proposed the following amendment (52R001.NGS), which was adopted:
Amend the bill, as and if amended, by striking the title and inserting in lieu thereof the following: /
TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO CONDUCT A STUDY TO DETERMINE THE FEASIBILITY OF ALLOWING HOME SCHOOLED STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES AND THE IMPACT OF SUCH PARTICIPATION. /
Senator SETZLER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 791 (Word version) -- Senators Gregory and Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR HUNTING DEER ON SUNDAYS ON PRIVATE LAND IN GAME ZONE 4.
Senator DRUMMOND spoke on the Bill.
Senator DRUMMOND asked unanimous consent to carry over all amendments to third reading.
There was no objection.
S. 1315 (Word version) -- Senators McConnell and Saleeby: A BILL TO AMEND CHAPTER 71 OF TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE BY ADDING ARTICLE 19, SO AS TO PROVIDE STANDARDS FOR THE ESTABLISHMENT AND MAINTENANCE OF EXTERNAL REVIEW PROCEDURES TO ASSURE THAT COVERED PERSONS HAVE THE OPPORTUNITY FOR AN INDEPENDENT REVIEW OF ADVERSE & FINAL ADVERSE DETERMINATIONS.
Senator RICHARDSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
S. 1009 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 7-13-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS TO BE PROVIDED WHERE VOTING MACHINES ARE NOT USED, SO AS TO PROVIDE THAT FOR EACH VOTING PLACE WHERE VOTING MACHINES ARE USED THERE MUST BE A NUMBER OF BALLOTS NOT TO EXCEED TEN PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO FURTHER PROVIDE THAT THERE MUST BE PROVIDED FOR EACH VOTING PLACE AS MANY FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPAL OFFICES AS ARE EQUAL TO NO MORE THAN FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO AMEND SECTION 7-13-1680,
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 (JUD1009.001), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 6, in Section 7-13-430(C), as contained in SECTION 1, by striking lines 6 though 9 and inserting therein the following:
/ (C) There must be provided for each voting place a number of failsafe ballots, or ballots containing only the races for federal, statewide, countywide, and municipalwide offices, not to exceed five percent of the registered qualified voters at the /
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, passed and ordered to a third reading with notice of general amendments.
S. 1031 (Word version) -- Senators Leatherman, Ryberg, Fair, McConnell, Grooms, Mescher, Giese, Peeler, Courtney, Branton, Ravenel, Russell, Alexander, Thomas, Martin, Wilson, Waldrep, Courson and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.
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 (JUD1031.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 30, in Section 10-1-205, as contained in SECTION 1, by striking lines 30 through 36 in their entirety and inserting therein the following:
/ 59-103-5;
(2) can access the Internet; and
(3) is available for use by the public or students, or both;
shall have its use policies determined by the library's or center's governing boards, as appropriate. The governing boards must adopt policies intended to reduce the ability of the user to access web sites displaying information or material in violation of Article 3 of Chapter 15 of Title 16." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . Section 15-78-60, as last amended by Act 77 of 1999, is further amended by adding a new item at the end:
"(35) the failure of a library's or media arts center's governing board to adopt policies as provided in Section 10-1-205." /
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 1081 (Word version) -- Senator Bryan: A BILL TO AMEND CHAPTER 9, TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ANNUAL JAIL AND PRISON INSPECTION REPORT AND ENFORCEMENT OF MINIMUM STANDARDS, SO AS TO REVISE THE LIST OF PERSONS WHO MUST RECEIVE COPIES OF REPORTS PREPARED BY THE JAIL AND PRISON INSPECTION DIVISION.
S. 1359 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
By prior motion of Senator LAND, with unanimous consent
Senator GROOMS asked unanimous consent to give the Bill notice of general amendments.
Senator LAND objected.
H. 4962 (Word version) -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 1, 1999, MISSED BY STUDENTS OF JONESVILLE ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT OF UNION COUNTY FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS 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.
By prior motion of Senator PEELER, with unanimous consent
H. 4966 (Word version) -- Reps. Maddox, Allen, Martin and Townsend: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Kirsh, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers,
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
Senators MATTHEWS, GLOVER, WASHINGTON, and JACKSON proposed the following amendment (4336R003.JWM), which was adopted:
Amend the committee report, as and if amended, page 4336-1, by adding after line 39 the following:
/ Section 59-40-15. The General Assembly hereby makes the following findings and declarations:
(1) that diversity is an educational benefit in elementary/secondary education that promotes racial tolerance, improves academic performance, and breaks down barriers among individuals of different races;
(2) it acknowledges that the State once sanctioned a dual system of education in its schools; and
(3) it declares that no provisions in the Charter School Act should encourage a return to that system. /
Amend the committee report further, as and if amended, page 4336-8, after line 7 by adding a new subsection to read:
/ (D) In the event that the racial composition of an applicant's or charter school's enrollment differs from the enrollment of the local school district or the targeted student population by more than fifteen percent, despite its best efforts, the local school district board may consider the applicant's or the charter school's recruitment efforts and racial composition of the applicant pool in determining whether the applicant or charter school is operating in a non-discriminatory manner. A finding by the local school district board that the applicant or charter school is operating in a racially discriminatory manner may justify the denial of a charter school application or the revocation of a charter, as provided herein or in Section 59-40-110 as may be applicable; /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
Senator RICHARDSON proposed the following amendment (4336R002.SHR), which was adopted:
Amend the committee report, as and if amended, page 4336-4, by striking lines 7 through10 and inserting the following: /
teacher staff. However, in either a new or converted charter school, a teacher teaching in the core academic areas of English/language arts, mathematics, science, or social studies must be certified in those areas or possess a baccalaureate or graduate degree in the subject he or she is hired to teach. Part-time noncertified teachers shall be /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
The Committee on Education proposed the following amendment (4336EMS1), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting: /
SECTION 1. Chapter 40, Title 59 of the 1976 Code is amended to read:
Charter Schools
Section 59-40-10. This chapter is known and may be cited as the 'South Carolina Charter Schools Act of 1996'.
Section 59-40-20. This chapter is enacted to:
(1) improve student learning;
(2) increase learning opportunities for students;
(3) encourage the use of a variety of productive teaching methods;
(4) establish new forms of accountability for schools;
(5) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and
(6) assist South Carolina in reaching academic excellence.
Section 59-40-30. In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents,
Section 59-40-40. As used in this chapter:
(1) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school which operates within a public school district, but is accountable to the local school board of trustees of that district, which grants its charter.
(2) A charter school:
(a) is considered a public school and part of the school district in which it is located for the purposes of state law and the state constitution;
(b) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
(c) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected in the manner, as provided in Section 59-40-50(B)(8)(9);
(d) shall not charge tuition or other charges of any kind except as may be allowed by the sponsor.
(3) 'Applicant' means the person who desires to form a charter school and files the necessary application therefor with the local school board of trustees. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.
(4) 'Sponsor' means the local school board of trustees established, as provided by law, from which the charter school applicant requested its charter, and which granted approval for the charter school's existence.
(5) 'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary
(6) 'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school completed at least one year of study at an accredited college or university and meets the qualifications outlined in Section 59-25-115.
(7) 'Charter committee' means the governing body of a charter school and also shall be formed by the applicant to govern through the application process and until the election of a board of directors is held. After the election, the board of directors of the corporation which must be organized as the governing body and the charter committee is dissolved.
Section 59-40-50. (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.
(B) A charter school shall must:
(1) adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district;
(2) meet, but may exceed, the same minimum student attendance requirements as are applied to public schools operating in the same district;
(3) adhere to the same financial audits, audit procedures, and audit requirements as are applied to public schools operating in the same school district;
(4) be considered a school district for purposes of tort liability under South Carolina law, except that the tort immunity shall does not include acts of intentional or wilful racial discrimination by the governing body or employees of the charter school. Employees of charter schools shall must be relieved of personal liability for any tort or contract related to their school to the same extent that employees of traditional public schools in their school district are relieved;
(5) in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall hire in its discretion hire noncertified teachers in a ratio of up to ten percent of its entire teacher staff. However, in either a new or converted charter school, teachers teaching in the core academic areas of English/language arts, mathematics,
(6) hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified in the field of school administration;
(6)(7) admit all children eligible to attend public school in a school district who are eligible to apply for admission to a charter school operating in that school district, subject to space limitations. However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent it is required that the racial composition of the charter school enrollment reflect that of the school district or that of the targeted student population which the charter school proposes to serve, to be defined for the purposes of this chapter as differing by no more than fifteen percent. If the number of applications exceeds the capacity of a program, class, grade level, or building, students shall must be accepted by lot, and there is no appeal to the sponsor;
(7)(8) not limit or deny admission or show preference in admission decisions to any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, and children of a charter school employee, and children of the charter committee, provided their enrollment does not constitute more than ten percent of the enrollment of the charter school;
(8)(9) elect its governing body board of directors annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school shall be are eligible to participate in the election. Parents or guardians of a student shall have one vote for each student enrolled in the charter school. At all times, the governing body of the charter school shall must include one or more teachers;
(9)(10) be subject to the Freedom of Information Act, including the charter school and its governing body.
(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the school board of trustees. The decision shall be is binding on the student and the charter school.
(2) If a charter school suspends or expels a student, the school district shall have has the authority but not the obligation to refuse admission to the student.
(3) The sponsor shall have has no obligation to provide extracurricular activities or access to facilities of the school district for
Section 59-40-60. (A) An approved charter application constitutes an agreement, and the terms shall must be the terms of a contract between the charter school and the sponsor.
(B) The contract between the charter school and the sponsor shall reflect all agreements regarding the release of the charter school from local school district policies.
(C) A material revision of the terms of the contract between the charter school and the approving board may be made only with the approval of both parties.
(D) Except as provided in subsection (F), an applicant who wishes to form a charter school shall:
(1) organize the charter school as a nonprofit corporation under pursuant to the laws of this State;
(2) elect form a charter committee for the charter school which includes one or more teachers;
(3) submit a written charter school application to the local school board of trustees for the school district in which the charter school will is to be located.
(E) A charter committee shall be is responsible for and have has the power to:
(1) submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law;
(2) employ and contract with teachers and nonteaching employees, contract for other services, and develop pay scales, performance criteria, and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers, as provided by law before they may teach in the charter school; and (3) decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.
(F) The charter school application shall be a proposed contract and shall must include:
(1) the mission statement of the charter school, which must be consistent with the principles of the General Assembly's purposes as set forth in pursuant to Section 59-40-20;
(2) the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter school's admission policies and procedures;
(3) evidence that an adequate number of parents, teachers, pupils, or any combination thereof of them support the formation of a charter school;
(4) a description of the charter school's educational program, pupil achievement standards, and curriculum, which must meet or exceed any content standards adopted by the school district in which the charter school is located and must be designed to enable each pupil to achieve these standards;
(5) a description of the charter school's plan for evaluating pupil achievement and progress toward accomplishment of the school's achievement standards in addition to state assessments, the timeline for meeting these standards, and the procedures for taking corrective action in the event if that pupil achievement falls below the standards;
(6) evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted;
(7) a description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school;
(8) a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district or the targeted student population the charter school proposes to serve;
(9) a description of how the charter school plans to meet the transportation needs of its pupils;
(10) a description of the building, facilities, and equipment and how they shall be are obtained;
(11) an explanation of the relationship that shall exist exists between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees;
(12) a description of a reasonable grievance and termination procedure, as required by this chapter, including notice and a hearing before the governing body of the charter school. The application shall
(13) a description of student rights and responsibilities, including behavior and discipline standards, and a reasonable hearing procedure, including notice and a hearing before the board of directors of the charter school prior to before expulsion;
(14) an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school will must indemnify and hold harmless the school district, its servants, agents, and employees, from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to persons or property or otherwise which arises out of the act, failure to act, or negligence of the charter school, its agents and employees, in connection with or arising out of the activity of the charter school; and
(15) a description of the types and amounts of insurance coverage to be obtained by the charter school.
Section 59-40-70. (A) The local school board shall establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. If the local school district or board finds determines the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant.
(B) After giving reasonable public notice, the local school board shall hold community meetings in the affected areas or the entire school district to obtain information to assist it in their decision to grant a charter school application. The local school board shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within ninety days after receiving the application. If there is no ruling within ninety days, the application is considered approved.
(C) A local school board of trustees shall only deny an application only if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects other students in the district. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shall must be sent to the charter committee and filed with the State Board of Education.
(D) If the local school board of trustees denies a charter school application, the charter applicant may amend its application to conform with the reasons for denial and reapply to the local board, which has thirty days to approve or deny the application, or may appeal the denial to the State Board of Education pursuant to Section 59-40-90.
(E) If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which shall constitute constitutes a contract with the charter committee of the charter school. A copy of the charter shall must be filed with the State Board of Education.
Section 59-40-80. A local school board may conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates verifies that such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.
Section 59-40-90. (A) The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.
(B) A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees with a notice of appeal within ten days of the local board's decision.
(C) If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process shall must be:
(1) within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm, reverse, or remand the application for action by the local board in accordance with an order of the state board. If the state board remands the application, it shall do so with written instructions for reconsideration. Both the applicant and the local school board shall have the opportunity to communicate with the State Board of Education regarding the written instructions. These instructions shall must
(2) within thirty days following the remand of a decision to the local board of trustees and with reasonable public notice, the local school board of trustees, at a public hearing, shall reconsider its decision and make a final decision. No further administrative appeal may be taken from this decision. However, any final decision of the local school board of trustees after remand from the state board or a final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.
Section 59-40-100. (A) An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. All parents or legal guardians of students enrolled in the school must be given the opportunity to vote on the conversion. The application shall must be submitted by the principal of that school or his designee who shall must be deemed considered the applicant. The application shall must include all information required of other applications under pursuant to this chapter. The local school board of trustees shall approve or disapprove this application in the same manner it approves or disapproves other applications.
(B) A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings.
(C) All students enrolled in the school at the time of conversion must be given priority enrollment.
(D) Teachers and other employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district with the same compensation and benefits including any future increases therein. The converted charter school quarterly shall reimburse the local school district for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees. The provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at a converted school.
Section 59-40-110. (A) A charter may be approved or renewed for a period not to exceed three school years.
(B) A charter renewal application shall must be submitted to the school's sponsor, and it shall must contain:
(1) a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and
(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that will allow allows comparison of these costs to other schools or other comparable organizations, in a format required by the State Board of Education.
(C) A charter may must be revoked or not renewed by the sponsor if it determines that the charter school:
(1) committed a material violation of the conditions, standards, or procedures set forth provided for in the charter application;
(2) failed to meet or make reasonable progress toward pupil achievement standards identified in the charter application;
(3) failed to meet generally accepted standards of fiscal management; or
(4) violated any provision of law from which the charter school was not specifically exempted.
(D) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action in writing. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure set forth herein provided for in this section.
(E) The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days shall must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.
(F) A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.
Section 59-40-120. Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts shall must be returned to that entity. All other assets become property of the sponsor.
Section 59-40-130. (A) If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date under provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option with the same teaching or administrative contract status as when they left, but without assurance as to the school or supplemental position to which they may be assigned.
(B) During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.
(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation shall be are governed by Section 59-40-100(C).
Section 59-40-140. (A) A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures including capital outlay and maintenance, but not including, expenditures from bonded indebtedness or debt repayment shall must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding shall must be distributed by the local school district to the
(B) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. These amounts must be verified by the State Department of Education before the first disbursement of funds.
(C) Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall must be directed to charter schools. The proportionate share of funds generated under other federal or state categorical aid programs shall must be directed to charter schools serving students eligible for the aid.
(D) All services centrally or otherwise provided by the school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school district.
(E) All awards, grants, or gifts collected by a charter school shall must be retained by the charter school.
(F) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts or donation shall be a requirement required for admission. However, no gift, donation, or grant may be accepted by the governing board if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the governing body. All gifts, donations, or grants must be reported to the local school district within thirty days of their receipt by the governing body.
(G) A charter school shall report to its sponsor and the Department of Education any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.
(H) The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.
(I) Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which are necessary or convenient to fulfill its purposes.
(J) Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.
Section 59-40-150. (A) The Department of Education shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.
(B) At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.
(C) The department shall bear the cost of complying with this section.
Section 59-40-160. (A) The State Board of Education shall compile evaluations of charter schools received from local school boards of trustees. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.
(B) The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.
(C) In preparing the report required by this section, the State Board of Education shall compare the academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.
Section 59-40-170. The Department of Education, in conjunction with the Budget and Control Board, shall publish annually make available, upon request, a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this State or by school districts in this State and that may be suitable for the operation of a charter school. The department shall make the list available to applicants for charter schools and to existing charter schools. The list shall must include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given first refusal to purchase or lease the building under no more than the same terms and conditions it would be offered to the public.
Section 59-40-180. The State Board of Education shall promulgate regulations necessary to implement the provisions of this chapter.
Section 59-40-190. (A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.
(B) A sponsor is not liable for any of the debts of the charter school.
(C) A sponsor, members of the board of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS 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.
On motion of Senator MATTHEWS, with unanimous consent, H. 4336 was ordered to receive a third reading on Thursday, April 27, 2000.
H. 4710 (Word version) -- Reps. Harrison, Knotts and Whatley: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE FEBRUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
Senate Corrections and Penology Committee proposed the following amendment (GGS\22618CM00), which was adopted:
Amend the joint resolution, as and if amended, Section 1(B), page 1, by deleting / twenty / and inserting / twenty-three/ on line 37.
Amend the Joint Resolution further, SECTION 1(B)(9), page 2, by deleting lines 11 and 12, and inserting:
/ (9) the following four representatives from the South Carolina Jail Administrators' Association: a jail administrator representing a county whose population is less than thirty thousand; a jail administrator representing a county whose population is at least thirty thousand but not more than eighty thousand; a jail administrator
Amend the Joint Resolution further, SECTION 1(B)(16), page 2, by inserting / who oversees a county jail / after / officer / on line 23.
Amend the Joint Resolution further, SECTION 1(B)(20), page 2, by inserting / who operates a jail / after / chief / on line 27.
Amend title to conform.
Senator THOMAS explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.
S. 566 (Word version) -- Senators Waldrep and Courtney: A BILL TO AMEND SECTION 24-21-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND DISTRIBUTION OF RESTITUTION FEES SO AS TO PROVIDE THAT A COLLECTION FEE OF NOT MORE THAN TWENTY PERCENT SHALL BE SET BY THE JUDGE AND COLLECTED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Committee on Corrections and Penology proposed the following amendment (BBM\9539HTC00), which was adopted:
Amend the bill, as and if amended, by striking Section 24-21-490(B), as contained in SECTION 1, and inserting:
"(B) Notwithstanding Section 14-17-725, the Department of Probation, Parole and Pardon Services shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The total of the collection fee must not exceed three thousand dollars. The monies in this account must not be used until specifically authorized by law. The department shall maintain individual restitution accounts which reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the committee amendment.
The committee amendment was adopted.
Senator SHORT proposed the following amendment (566R001.LHS):
Amend the bill, as and if amended, page 1, line 31, by striking the word / twenty / and inserting in lieu thereof of word / three /.
Renumber sections to conform.
Amend title to conform.
On motion of Senator MOORE, the Bill was carried over, as amended.
Senator WALDREP asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator WALDREP, with unanimous consent, the Bill was given a second reading with notice of general amendments, carrying over all amendment to third reading.
There was no objection.
H. 4946 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT
On motion of Senator GIESE, with unanimous consent, the Joint Resolution was carried over.
S. 1124 (Word version) -- Senators Thomas, Anderson and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 10-1-220 AND 10-1-230, SO AS TO CREATE THE HERITAGE PARK ON THE STATE HOUSE GROUNDS, TO RELOCATE THE CONFEDERATE NAVAL JACK FLAG FLYING ABOVE THE STATE HOUSE DOME TO A SITE ON THE STATE HOUSE GROUNDS UNTIL THE DEDICATION OF THE PARK, TO RETURN THE FLAG TO THE STATE HOUSE DOME IF THE PARK IS NOT COMPLETED WITHIN TWO YEARS OF THIS ACT'S EFFECTIVE DATE AND TO PERMANENTLY REMOVE THE FLAG FROM THE DOME UPON THE COMPLETION AND DEDICATION OF THE PARK, AT WHICH TIME THE FLAG MUST BE PLACED AT A SITE IN THE PARK DESIGNATED BY THE PARK COMMISSION, AND UPON THE DEDICATION TO ALSO REMOVE THE CONFEDERATE NAVAL JACK FLAG FROM THE HOUSE AND SENATE CHAMBERS; TO CREATE THE HERITAGE PARK COMMISSION AND PROVIDE FOR ITS MEMBERS AND DUTIES, TO PROVIDE FOR VARIOUS COMPONENTS OF THE PARK INCLUDING DISPLAYS OF OTHER HISTORICAL FLAGS, REPRESENTATIONS OF HISTORICAL EVENTS, A MEMORIAL WALL INCLUDING NAMES OF ALL SOUTH CAROLINIANS WHO DIED IN THE WAR BETWEEN THE STATES (THE CIVIL WAR), AND EXHIBITS OF EVENTS AND DEVELOPMENTS DURING AND AFTER THE WAR; BY ADDING SECTION 10-1-240 SO AS TO PROVIDE THAT A TWO-THIRDS VOTE IN THE HOUSE AND IN THE SENATE IS REQUIRED TO REMOVE OR RENAME A MONUMENT, MARKER, OR MEMORIAL LOCATED ON PUBLIC PROPERTY OF THE STATE OR ITS POLITICAL SUBDIVISIONS OR ANY STREET OR PARK HONORING THE CONFEDERACY OR INDIVIDUALS WHO SERVED IN THE CONFEDERACY OR HONORING THE CIVIL RIGHTS STRUGGLE OR INDIVIDUALS WHO PARTICIPATED IN THIS STRUGGLE; AND BY ADDING SECTION 10-1-250 SO AS TO PROVIDE THAT NO PROVISION OF THIS ACT MAY BE AMENDED, REPEALED, OR
On motion of Senator MOORE, the Bill was carried over.
At 12:35 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:30 P.M., and was called to order by the PRESIDENT.
At 2:33 P.M., Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator BRYAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Grooms Hayes Hutto Jackson Land Leatherman Leventis Martin Matthews McGill Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Setzler Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes, Giese and Holland: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH
Senator MOORE asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 8 (3R025.LAR) proposed by Senator RANKIN and previously printed in the Journal of Wednesday, April 19, 2000.
Senator PASSAILAIGUE spoke on the amendment.
On motion of Senator RANKIN, with unanimous consent, the Bill was carried over, with Senator PASSAILAIGUE retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
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
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (DKA\3754MM00) proposed by Senator LAND and previously printed in the Journal of Tuesday, April 25, 2000, which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The General Assembly finds that the distribution of motor vehicles in the State of South Carolina vitally affects the general economy of the State and its public interest and public welfare. In the exercise of its police power, it is necessary for the State to regulate motor vehicle manufacturers, distributors, dealers, and their representatives doing business in South Carolina to prevent frauds and other abuses upon its citizens.
SECTION 2. Chapter 15, Title 56 of the 1976 Code is amended by adding:
"Section 56-15-45. (A) It is unlawful for a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to own, operate, or control or to participate in the ownership, operation, or control of a new motor vehicle dealer in this State, to establish in this State an additional dealer or dealership in which that person or entity has an interest, or to own, operate, or control, directly or indirectly, an interest in a dealer or dealership in this State, excluding a passive interest in a publicly traded corporation held for investment purposes.
(1) for a temporary period, not to exceed one year, during the transition from one owner or operator to another, except that on a showing by a manufacturer or franchisor of good cause, a court of competent jurisdiction may extend this time limit for periods up to an additional twelve months;
(2) during a period in which the new motor vehicle dealer is being sold pursuant to a bona fide contract, shareholder agreement, or purchase option to the operator of the dealership; or
(3) at the same location at which the manufacturer or franchisor has been engaged in the retail sale of new motor vehicles as the owner, operator, or controller of the dealership for a continuous two-year period of time immediately before January 1, 2000, where there is no prospective new motor vehicle dealer available to own or operate the dealership in a manner consistent with the public interest.
(B)(1) It is unlawful for a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to compete unfairly with a new motor vehicle dealer of the same line make operating pursuant to a franchise in the State of South Carolina. Except as otherwise provided in this subsection, the mere ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor pursuant to the conditions set forth in subsection (A) of this section is not a violation of this subsection.
(2) For purposes of this subsection, a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor is conclusively presumed to be competing unfairly if it gives preferential treatment to a dealer or dealership in which an interest is directly or indirectly owned, operated, or controlled by the manufacturer or franchisor or any partner, affiliate, wholly or partially owned subsidiary, officer, or representative of the manufacturer or franchisor, expressly including, but not limited to, preferential treatment regarding the direct or indirect cost of vehicles or parts, the availability or allocation of vehicles or parts, the availability or allocation of special or program vehicles, the provision of service and service support, the availability of or participation in special programs, the administration of warranty policy, the availability or allocation of factory rebates, or the availability and use of after warranty adjustments, advertising, floor planning, or financing or financing programs.
(C) It is unlawful for a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to own a facility that engages primarily in the repair of motor vehicles, except motor homes, if the repairs are performed pursuant to the terms of a franchise or other agreement or the repairs are performed as part of a manufacturer's or franchisor's warranty. Nothing in this subsection prohibits a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor from owning a facility to perform warranty or other repairs on motor vehicles owned and operated by the manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor.
(D) Except as may be provided otherwise in subsections (A) and (B) of this section, a manufacturer or franchisor may not sell, directly or indirectly, a motor vehicle to a consumer in this State, except through a new motor vehicle dealer holding a franchise for the line make that includes the motor vehicle. This subsection does not apply to manufacturer or franchisor sales of new motor vehicles to the federal government, nor to manufacturer or franchisor leases of new motor vehicles to employees of the manufacturer or franchisor. Nothing in this subsection prohibits a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor operating as a motor vehicle lessor from selling a motor vehicle to the lessee at the conclusion of a lease agreement between the two parties. Nothing in this subsection prevents a manufacturer or franchisor from establishing an e-commerce website for the purpose of referring prospective customers to motor vehicle dealers holding a franchise for the same line make of the manufacturer or franchisor.
Section 56-15-46. (A) A franchisor that intends to establish a new dealership or to relocate a current dealership for a particular line-make motor vehicle within a ten-mile radius of an existing dealership of the same line-make motor vehicle shall give written notice of that intent by certified mail to the existing dealership. The notice must include the:
(1) specific location of the additional or relocated dealership;
(2) date of commencement of operation of the additional or relocated dealership at the new location;
(3) identities of all existing dealerships located in the market area of the new or relocated dealership; and
(4) names and addresses of the dealer and principals in the new or relocated dealership.
(B) If a franchisor intends to establish a new dealership or to relocate a current dealership within a ten-mile radius of an existing dealership, then that existing dealership may petition the court, within sixty days of the receipt of the notice, to enjoin or prohibit the establishment of the new or relocated dealership within a ten-mile radius of the existing dealership. The court shall enjoin or prohibit the establishment of the new or relocated dealership within a ten-mile radius of the protesting dealership unless the franchisor shows by a preponderance of the evidence that the existing dealership is not providing adequate representation of the line-make motor vehicle and that the new or relocated dealership is necessary to provide the public with reliable and convenient sales and service within that area. The burden of proof in establishing adequate representation is on the franchisor. In determining if the existing dealership is providing adequate representation and if the new or relocated dealership is necessary, the court may consider, but is not limited to considering:
(1) the impact the establishment of the new or relocated dealership will have on consumers, the public interest, and the protesting dealership, except that financial impact may be considered only with respect to the protesting dealership;
(2) the size and permanency of investment reasonably made and the reasonable obligations incurred by the protesting dealership to perform its obligation pursuant to the dealership's franchise agreement;
(3) the reasonably expected market penetration of the line-make motor vehicle, after consideration of all factors which may affect the penetration including, but not limited to, demographic factors such as age, income, education, size class preference, product popularity, retail lease transactions, and other factors affecting sales to consumers;
(4) actions by the franchisor in denying its existing dealership of the same line make the opportunity for reasonable growth, market expansion, or relocation, including the availability of line-make motor vehicles in keeping with reasonable expectations of the franchisor in providing an adequate number of dealerships;
(5) attempts by the franchisor to coerce the protesting dealership into consenting to an additional or relocated dealership of the same line make within a ten-mile radius of the protesting dealership;
(6) distance, travel time, traffic patterns, and accessibility between the protesting dealership of the same line make and the location of the proposed new or relocated dealership;
(7) the likelihood of benefits to consumers from the establishment or relocation of the dealership, which benefits may not be obtained by other geographic or demographic changes or other expected changes within a ten-mile radius of the protesting dealership;
(8) if the protesting dealership is in substantial compliance with its franchise agreement;
(9) if there is adequate interbrand and intrabrand competition with respect to the line-make motor vehicles, including the adequacy of sales and service facilities;
(10) if the establishment or relocation of the proposed dealership appears to be warranted and justified based on economic and market conditions pertinent to dealerships competing within a ten-mile radius of the protesting dealership, including anticipated changes; and
(11) the volume of registrations and service business transacted by the protesting dealership.
(C) This section does not apply to the:
(1) addition of a new dealership at a location that is within a three-mile radius of a former dealership of the same line make and that has been closed for less than two years;
(2) relocation of an existing dealership to a new location that is further away from the protesting dealer's location than the relocated dealer's previous location; or
(3) relocation of an existing dealership to a new location that is within a three-mile radius of the dealership's current location, when it has been at the current location at least ten years."
SECTION 3. Section 56-15-60 of the 1976 Code is amended to read:
"Section 56-15-60. (A) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall must properly fulfill properly any a warranty agreement and compensate adequately and fairly compensate each of its motor vehicle dealers for labor and parts. All claims made by motor vehicle dealers hereunder pursuant to this section and under Section 56-15-50 for such labor and parts shall must be paid within thirty days following their approval. All such claims shall must be either approved or disapproved within thirty days after their receipt, and when any such claim is disapproved. the The motor vehicle dealer who submits a disapproved claim it shall must be notified in writing of its disapproval within such that period, and each such the notice shall must state the specific grounds upon which the disapproval is based. Any special handling of claims required by the manufacturer, distributor,
(B) An audit for sales incentives, service incentives, rebates, or other forms of incentive compensation may include only the twelve-month period immediately following the date of the termination of the incentive compensation program. This limitation is not effective in the case of fraudulent claims.
(C) It is unlawful to deny, delay payment for, or restrict a claim by a dealer for payment or reimbursement for warranty service or parts, incentives, hold-backs, or other amounts owed to the dealer unless the denial, delay, or restriction is the direct result of a material defect in the claim which affects its validity."
SECTION 4. Chapter 15, Title 56 of the 1976 Code is amended by adding:
"Section 56-15-85. This chapter does not prohibit a dealership located in this State from contracting with an on-line electronic service to provide motor vehicles to consumers in this State."
SECTION 5. Chapter 15, Title 56 of the 1976 Code is amended by adding:
"Section 56-15-140. In an action brought pursuant to this article, venue is in the State of South Carolina. A provision of a franchise or other agreement with contrary provisions is void and unenforceable."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
On motion of Senator HAYES, with unanimous consent, Senators WASHINGTON, MATTHEWS and HAYES were granted leave to attend a subcommittee meeting and be counted in any quorum calls.
Senator LAND continued explaining the amendment.
At 3:11 P.M., Senator BRYAN assumed the Chair.
Senator LAND continued explaining the amendment.
Senator LAND moved that the amendment be adopted.
Amendment No. 1 was adopted.
Senators HOLLAND, MOORE, PASSAILAIGUE, HUTTO and McCONNELL proposed the following Amendment No. 4 (4450R002.DHH), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION at the end to read:
/ SECTION ____. Chapter 19, Title 56 of the 1976 Code is amended by adding:
"Section 56-19-490. (A) In every sale or transfer of a motor vehicle returned to the manufacturer under the provisions of Chapter 28, Title 56, a similar statute of another state, or as the result of a legal action, the title must have the following sentence printed on its face in large, bold, uppercase type: 'RETURNED TO MANUFACTURER UNDER LEMON LAW OR OTHER PROCEEDING.' The notice required under the provisions of this subsection must continue to appear on each title issued as a result of any subsequent sale or transfer of that motor vehicle.
(B) Any person who transfers or attempts to transfer a motor vehicle in violation of this section is subject to a fine of not less than five hundred dollars nor more than five thousand dollars if the person had knowledge that the motor vehicle was returned to the manufacturer for failure to meet express warranties under a 'lemon law' or other similar proceeding." /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
At 3:30 P.M., the PRESIDENT assumed the Chair.
Senator GROOMS proposed the following Amendment No. P6 (NBD\12012DW00), which was adopted:
Amend the amendment offered by Senators Ford and Glover, dated March 28, 2000, document number SWB/5132MM00, as and if amended, by striking /deny, delay payment for, or restrict a claim by a dealer for payment or / amend further by inserting after service on the last line /provided the audit is completed within twelve months of filing a claim/
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senators FORD and GLOVER proposed the following Amendment No. 6 (SWB\5132MM00), which was adopted, as amended:
Amend the bill, as and if amended, Section 56-15-60(C), SECTION 3, page 6, lines 36-40 by striking the subsection in its entirety and inserting:
/ (C) If an audit or other authorized means of review by the manufacturer or franchisor discloses a material defect in the claim, the manufacturer or franchisor may deny, delay payment for, or restrict a claim by a dealer for payment or demand reimbursement for funds previously paid to a dealer for warranty service. /
Renumber sections to conform.
Amend title to conform.
The amendment, as amended, was adopted.
Senators BAUER and HOLLAND proposed the following Amendment No. 10 (4450R003.AB), which was tabled:
Amend the bill, as and if amended, page 3, after line 2,by adding a new subsection to read:
/ (4) provided:
(i) the manufacturer's ownership interest is an entity that owns, operates or controls motor vehicle dealerships of the same line franchised by the manufacturer;
(ii) at the time the manufacturer first acquires an ownership interest or assumes operation or control, the distance between any motor vehicle dealerships in the state owned and operated by an entity in which the manufacturer has an ownership interest and the nearest
(iii) all of the manufacturer's franchise agreements confer rights on the dealer of the line make to develop and operate within a defined geographic territory or area, as many dealership facilities as the dealer and manufacturer shall agree are appropriate;
(iv) as of the effective date of this act, not fewer than half of the dealers of the line make that are licensed to do business within the state own and operate two or more dealership facilities in the geographic territory or area covered by the franchise agreement with the manufacturer;
(v) during the period of such ownership, the manufacturer of said line make has no more than six motor vehicle franchise agreements governing such line make dealers licensed to do business in the state; and
(vi) after the effective date of this act and except as otherwise permitted by this act, the manufacturer shall not acquire or hold, either directly or indirectly, an ownership interest of more than forty-five percent in any motor vehicle dealership that the manufacturer did not already own, directly or indirectly, as of the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Senator LAND spoke on the amendment.
Senator BAUER explained the amendment.
Senator RYBERG argued in favor of the adoption of the amendment.
Senator RYBERG moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Courson Drummond Elliott Giese Glover Grooms Hayes Hutto Jackson Land Leatherman Leventis Martin Matthews
McGill Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Setzler Smith, J. Verne Waldrep Washington
Bauer Fair Ford Ryberg Wilson
The amendment was laid on the table.
Senators FORD and GLOVER proposed the following Amendment No. 12 (PT\1989MM00), which was tabled:
Amend the bill, as and if amended, Section 56-15-45(D) as contained in SECTION 2, beginning on page 3, line 39, continuing to page 4, line 4, by striking subsection (D) in its entirety and inserting:
/ (D) Except as may be provided otherwise in subsections (A) and (B) of this section, a manufacturer or franchisor may not sell directly to any retail consumer in the State except though a new motor vehicle dealer holding a franchise for the line make that includes the new motor vehicle. This subsection does not apply to a manufacturer or franchisor of new motor vehicles or to its employees, family members of employees, qualified vendors, not-for-profit organizations, fleets, or federal, state or local governments. This subsection does not preclude a manufacturer or distributor from establishing a program to sell or offer to sell new vehicles through participating dealers. Nothing in this subsection prohibits a manufacturer or franchisor or a parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor operating as a motor vehicle lessor from selling a motor vehicle to the lessee at the conclusion of a lease agreement between the two parties. /
Amend title to conform.
Senator FORD explained the amendment.
Senator FORD moved that the amendment be adopted.
Senator LAND spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
There being no further amendments, the question then was the third reading of the Bill.
Senator FORD spoke on the Bill.
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
At 4:20 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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