Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. SINCLAIR as follows:
O God of grace and goodness, we bow in these moments of prayer in acknowledgement of our dependence upon You and of our desire for Your guidance. Plant our feet on the solid ground of Your word that we may find deliverance from thoughts that weaken us, from actions that worry us, and from a selfishness that closes our eyes to the needs of others. Kindle in our hearts a desire to shun what is wrong, and enthusiasm for good will. Renew our strength, reinvigorate our minds, send us forth to our waiting tasks to do all we can for God and for the people around us. Make us great enough to face these hours with courage, with faith enough to face these hours with confidence, eager to do our best at every opportunity. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. ROBINSON moved that when the House adjourns, it adjourn in memory of Thomas M. Washington, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3665 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3528 (Word version) -- Reps. Harrison, Wilkins and Fleming: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3539 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND CHAPTER 16, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME, SO AS TO ENACT THE "COMPUTER ABUSE ACT OF 2001", BY ADDING SECTION 16-16-25 SO AS TO PROVIDE A CIVIL REMEDY OF COMPENSATORY DAMAGES AND RESTITUTION
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3480 (Word version) -- Reps. J. E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 205 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 1-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE MINORITY AFFAIRS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MEET QUARTERLY AND AS THE CHAIRMAN FINDS NECESSARY INSTEAD OF MEETING AT LEAST MONTHLY.
Ordered for consideration tomorrow.
H. 3653 (Word version) -- Reps. Campsen and Harrison: A BILL TO AMEND SECTION 13-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT ITS PRINCIPAL OFFICE BE LOCATED IN COLUMBIA; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD OF TRUSTEES, REPORTS, AND MEETINGS, SO AS TO PROVIDE THAT THE CHAIRMAN DETERMINES WHEN AND WHERE THE BOARD HOLDS ITS REGULAR MEETINGS; AND TO AMEND SECTION 13-17-60, RELATING TO THE AUTHORITY'S TECHNICAL ADVISORY BOARD, SO AS TO PROVIDE THAT ITS CHAIRMAN DETERMINES WHEN AND WHERE THE ADVISORY BOARD MEETS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 289 (Word version) -- Senators McConnell, Moore and Ritchie: A BILL TO AMEND SECTION 2-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATING PROCESS OF QUALIFIED JUDICIAL CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE A TWO-WEEK PERIOD BETWEEN THE DATE OF THE JUDICIAL MERIT SELECTION COMMISSION'S NOMINATIONS TO THE GENERAL ASSEMBLY AND THE DATE THE GENERAL ASSEMBLY CONDUCTS THE ELECTION FOR THESE JUDGESHIPS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 70 (Word version) -- Senators Hayes, Elliott, Reese and Branton: A BILL TO AMEND SECTION 2-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE CODE COMMISSIONER, SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3756 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3404 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSE SWEARING IN APPLYING FOR REGISTRATION, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-20, AS AMENDED, RELATING TO FRAUDULENT REGISTRATION OR VOTING, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-50, AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO ADD THE OFFENSE OF BRIBING A PERSON TO REGISTER TO VOTE; TO AMEND SECTION 7-25-60, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY BRIBERY, SO AS TO ADD REGISTERING TO VOTE TO THE SECTION; AND TO
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3504 (Word version) -- Reps. Sheheen, Altman and Rivers: A BILL TO AMEND SECTION 8-13-1354, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR AN ELECTION-RELATED COMMUNICATION AND EXCEPTIONS, SO AS TO REQUIRE THE NAME AND ADDRESS OF THE CANDIDATE, COMMITTEE, OR PERSON MAKING THE EXPENDITURE TO BE PRINTED IN FOURTEEN POINT TYPE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3682 (Word version) -- Reps. Kelley, Barfield, Cooper, Edge, Keegan and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT FAILURE BY A MEMBER OF A COUNTY REGISTRATION BOARD, A COMBINED ELECTION AND REGISTRATION COMMISSION, OR A COUNTY ELECTION COMMISSION TO COMPLETE OR MAKE SATISFACTORY PROGRESS TOWARD COMPLETING THE MANDATORY TRAINING AND CERTIFICATION REQUIREMENTS APPLICABLE TO THESE OFFICIALS CONSTITUTES NEGLECT OF DUTY FOR WHICH THE MEMBER MUST BE REMOVED FROM OFFICE BY THE GOVERNOR, AND TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT TO THE GOVERNOR AND THE LEGISLATIVE DELEGATION OR OTHER RECOMMENDING AUTHORITY THE PROGRESS OF EACH OF
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3423 (Word version) -- Reps. Stuart, Allison, Barfield, Bowers, J. Brown, Coates, Davenport, Freeman, Gilham, Govan, Harrison, M. Hines, Hinson, Knotts, Lee, Lloyd, Lourie, McCraw, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Parks, Phillips, Rodgers, Scott, Simrill, G. M. Smith, Talley, Weeks, Whatley, Whipper and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF AND INTENT OF THE GENERAL ASSEMBLY THAT SPECIAL IDENTIFICATION CARDS ISSUED BY THE STATE OF SOUTH CAROLINA UNDER SECTION 56-1-3350 OF THE 1976 CODE ARE VALID FOR ALL PURPOSES FOR WHICH A DRIVER'S LICENSE MAY BE USED AS A FORM OF PHOTOGRAPHIC IDENTIFICATION OTHER THAN AS AUTHORIZATION FOR THE HOLDER TO OPERATE A MOTOR VEHICLE.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 539 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE JAMES M. BROWN ELEMENTARY SCHOOL OF WALHALLA UPON RECEIVING THE PRESTIGIOUS "CAROLINA FIRST PALMETTO'S FINEST AWARD".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3872 (Word version) -- Reps. Talley, Simrill, Whipper, Allison, Barrett, Cato, Cobb-Hunter, Davenport, Delleney, Haskins, M. Hines, Lee, Littlejohn, Lourie, Merrill, Owens, Scarborough, Sheheen, Sinclair, F. N. Smith, W. D. Smith, Taylor, Walker, White and Wilder: A BILL TO ENACT THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT, TO PROVIDE THAT A PERSON MAY NOT SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT UPON DEMAND PROPER PROOF OF AGE OR IS NOT BELIEVED TO BE AT LEAST EIGHTEEN YEARS OF AGE, TO PROVIDE THAT A RETAIL DISTRIBUTOR OF TOBACCO PRODUCTS MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE PROVISIONS CONTAINED IN THIS SECTION, TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR POSSESS OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO
H. 3873 (Word version) -- Reps. Ott, McLeod, Rhoad, G. Brown, Clyburn, Davenport, Frye, Govan, Hayes, J. Hines, Howard, Lloyd, Miller, Moody-Lawrence, Scott, Stille and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-60 SO AS TO PROVIDE THAT FIRE HYDRANTS MUST BE INSTALLED ON CERTAIN WATER MAINS CONSTRUCTED AFTER JULY 1, 2001, TO PROVIDE FOR THE NUMBER, SIZE, DISCHARGE, AND OTHER REQUIREMENTS OF THESE FIRE HYDRANTS, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Labor, Commerce and Industry
S. 63 (Word version) -- Senators Mescher, Grooms, Richardson, McGill, Elliott, Reese and Branton: A BILL TO AMEND SECTION 7-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.
Referred to Committee on Judiciary
S. 154 (Word version) -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS DEBT RECOVERY ACT OF 2001", TO PROVIDE PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED JUDGMENTS
S. 253 (Word version) -- Senators Alexander, Branton and Waldrep: A BILL TO AMEND SECTION 16-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME OFFENSES AND PENALTIES, SO AS TO CHANGE THE AMOUNT OF THE GAIN OR LOSS RESULTING FROM A COMPUTER CRIME FROM IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS TO IN EXCESS OF FIVE THOUSAND DOLLARS IN ORDER FOR THE CRIME TO BE IN THE FIRST DEGREE, AND TO CHANGE THE AMOUNT OF THE GAIN OR LOSS RESULTING FROM A COMPUTER CRIME BELOW WHICH THE OFFENSE IS COMPUTER CRIME IN THE SECOND DEGREE FROM NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS TO NOT MORE THAN FIVE THOUSAND DOLLARS.
Referred to Committee on Judiciary
S. 441 (Word version) -- Senators Martin, Giese, Wilson, Richardson, Leventis, Alexander and Branton: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS AND THEIR ASSISTANTS, SO AS TO PROVIDE THAT ONE SIXTEEN- OR SEVENTEEN-YEAR-OLD ASSISTANT POLL MANAGER MAY BE APPOINTED FOR EVERY TWO REGULAR POLL MANAGERS APPOINTED TO WORK IN A PRECINCT.
Referred to Committee on Judiciary
The following was introduced:
H. 3874 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE JIMMY WHITE, HEAD BASEBALL COACH AT HARTSVILLE HIGH SCHOOL, AND ONE OF THIS STATE'S GREATEST HIGH SCHOOL BASEBALL COACHES, ON THE OCCASION OF HIS FIVE HUNDREDTH WIN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barrett Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen
Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Townsend Tripp Vaughn Walker Weeks Whatley Whipper White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, April 4.
Byron Webb James Battle James Law George Campsen Michael Easterday Bessie Moody-Lawrence Liston Barfield Walter Lloyd Chip Huggins Michael Thompson Bill Cotty Becky Martin Jerry Govan Teddy Trotter Harry Askins Larry Koon Anne Parks Todd Rutherford Fletcher Smith Joe Neal
Reps. RIVERS and COLEMAN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 3.
Rep. ALLISON presented to the House the current "Miss South Carolina", Heather Hudson, and all contestants competing in the 2001 Miss South Carolina Pageant.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be
Bill Number: H. 3614 (Word version)
Date: ADD:
04/04/01 KNOTTS
Bill Number: H. 3010 (Word version)
Date: ADD:
04/04/01 TALLEY
Bill Number: H. 3386 (Word version)
Date: REMOVE:
04/04/01 THOMPSON
Bill Number: H. 3386 (Word version)
Date: REMOVE:
04/04/01 HINSON
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 502 (Word version) -- Senator McGill: A BILL TO REPEAL ACT 191 OF 1971, RELATING TO THE CREATION OF THE WILLIAMSBURG COUNTY RECREATION COMMISSION DISTRICT AND TRANSFER ALL OF ITS POWERS, DUTIES, RESPONSIBILITIES,
H. 3306 (Word version) -- Reps. Altman, Loftis and Leach: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO PROVIDE THAT A PERSON WHO IS AN ILLEGAL ALIEN MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED.
Rep. STUART explained the Bill.
H. 3614 (Word version) -- Reps. Miller, Askins, Bales, Bingham, Bowers, R. Brown, Cato, Chellis, Clyburn, Coates, Coleman, Davenport, Delleney, Emory, Fleming, Freeman, Gilham, Gourdine, Harvin, Hayes, J. Hines, M. Hines, Hosey, Howard, Huggins, Kirsh, Law, Leach, Limehouse, Lloyd, Loftis, Lucas, Mack, McCraw, McGee, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G. M. Smith, J. E. Smith, Snow, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, Whipper, Wilder, J. Young and Knotts: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG BY THE DEPARTMENT OF PUBLIC SAFETY TO A DISABLED AMERICAN VETERAN, SO AS TO SUBSTITUTE "TAG" WITH "PLATE" AND TO PROVIDE THAT THE LICENSE PLATE MUST INCLUDE THE WORDS "DISABLED VETERAN" AND HAVE A SPECIAL NUMBER IMPRINTED ON IT SHOWING THAT THE LICENSE PLATE WAS ISSUED TO A DISABLED AMERICAN VETERAN.
Rep. STUART explained the Bill.
H. 3842 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STAR DIPLOMA, DESIGNATED AS REGULATION DOCUMENT
Rep. WALKER explained the Joint Resolution.
H. 3843 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING THE EXPERIENCE OF TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2565, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 3844 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHING EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2568, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 3845 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2570, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 3846 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OTHER EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 3087 (Word version) -- Rep. Barrett: 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 CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.
H. 3361 (Word version) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL,
H. 3820 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution, Rep. OTT having the floor:
H. 3821 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO ESTABLISH A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL AND PROVIDE THAT UNTIL JULY 1, 2004, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL BY COMPLYING WITH CERTAIN TERMS, CONDITIONS, AND PROVISIONS RELATING TO PARTICIPATION IN THE PILOT PROGRAM OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL.
Rep. SHARPE moved to adjourn debate on the Joint Resolution, which was agreed to.
Rep. SHARPE moved to adjourn debate upon the following Bill until Tuesday, April 10, which was adopted:
H. 3837 (Word version) -- Reps. J. R. Smith, Clyburn, Sharpe and D. C. Smith: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF
The Senate amendments to the following Bill were taken up for consideration:
H. 3237 (Word version) -- Reps. Witherspoon, Frye and Littlejohn: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON CERTAIN TROTLINES AFTER JUNE 30, 2001, ON THE EDISTO, BLACK, SAMPIT, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, AND TO ALSO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON TROTLINES AFTER JUNE 30, 2001, ON THE BLACK, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS.
Rep. OTT moved to adjourn debate on the Senate Amendments, which was agreed to.
The following Concurrent Resolution was taken up:
H. 3278 (Word version) -- Reps. Gourdine, Law, Hinson, Dantzler and Merrill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 17A IN BERKELEY COUNTY AS THE "SAMUEL D. COOPER MEMORIAL HIGHWAY" IN MEMORY OF SAMUEL D. COOPER, A DISTINGUISHED CITIZEN OF BERKELEY COUNTY.
Whereas, the late Samuel D. Cooper was a much beloved and respected leader in Berkeley County; and
Whereas, through his generosity, Mr. Cooper gave the Department of Transportation permission to use much of his property for the construction of South Carolina Highway 17A in Berkeley County. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina request the Department of Transportation to name that portion of South Carolina Highway 17A which is approximately 3.6 miles long beginning at the intersection of South Carolina Highway 17A and South Carolina Highway 52 and ending at the intersection of South Carolina Highway 17A and Canal Branch Road and Long Acre Drive to be named the "Samuel D. Cooper Memorial Highway". The department is requested to install appropriate markers or signs at places the department considers advisable containing the words "Samuel D. Cooper Memorial Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Samuel D. Cooper.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. FLEMING.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
H. 3386 (Word version) -- Reps. Townsend, Walker, Allison, Barrett, Cato, Cooper, Hamilton, Harrell, Keegan, Kelley, Martin, Riser, Sandifer, Sharpe, J. R. Smith, W. D. Smith, Witherspoon, Easterday and Campsen: A
Rep. LOURIE proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\20375SD01), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 40, Title 59 of the 1976 Code is amended to read:
Section 59-40-10. This chapter is known and may be cited as the 'South Carolina Charter Schools Act of 1996'.
Section 59-40-20. This chapter is enacted to:
(1) improve student learning;
(2) increase learning opportunities for students;
(3) encourage the use of a variety of productive teaching methods;
(4) establish new forms of accountability for schools;
(5) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and
(6) assist South Carolina in reaching academic excellence.
Section 59-40-30. (A) In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities is actively pursued, and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education.
(B) Because the state no longer sanctions a system of segregated schools, it is the intent of the General Assembly that creation of this chapter encourages cultural diversity, educational improvement, and
Section 59-40-40. As used in this chapter:
(1) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school which operates within a public school district, but is accountable to the local school board of trustees of that district, which grants its charter.
(2) A charter school:
(a) is considered a public school and part of the school district in which it is located for the purposes of state law and the state constitution;
(b) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
(c) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected in the manner, as provided in Section 59-40-50(B)(8)(9);
(d) shall not charge tuition or other charges of any kind except as may be allowed by the sponsor.
(3) 'Applicant' means the person who desires to form a charter school and files the necessary application therefor with the local school board of trustees. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.
(4) 'Sponsor' means the local school board of trustees established, as provided by law, from which the charter school applicant requested its charter, and which granted approval for the charter school's existence.
(5) 'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualification outlined in Sections 59-27-10 and 59-25-115.
(6) 'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school completed at least one year of study at an accredited college or university 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 willful 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, 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 are considered pro rata in calculating this percentage based on the hours which they are expected to teach;
(6) hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified in the field of school administration;
(6)(7) admit all children eligible to attend public school in a school district who are eligible to apply for admission to a charter school operating in that school district, subject to space limitations. However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent to comply with the intent in Section 59-40-30(B), 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 twenty percent from that population and also subject to the provisions of Section 59-40-70(D). If the number of applications exceeds the capacity of a program, class, grade level, or building, students shall must be accepted by lot, and there is no appeal to the sponsor;
(7)(8) not limit or deny admission or show preference in admission decisions to any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, and children of a charter school employee, and children of the charter committee, provided their enrollment does not constitute more than twenty percent of the enrollment of the charter school;
(8)(9) elect its governing body board of directors annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school shall be are eligible to participate in the election. Parents or guardians of a student shall have one vote for each student enrolled in the charter school. At all times, the governing body of the charter school shall must include one or more teachers;
(9)(10) be subject to the Freedom of Information Act, including the charter school and its governing body.
(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the school board of trustees. The decision shall be is binding on the student and the charter school.
(2) If a charter school suspends or expels a student, the school district shall have has the authority but not the obligation to refuse admission to the student.
(3) The sponsor shall have has no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school; however, the charter contract
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 and provide assurance that the school does not conflict with any school district desegregation plan or order in effect;
(9) a description of how the charter school plans to meet the transportation needs of its pupils;
(10) a description of the building, facilities, and equipment and how they shall be are obtained;
(11) an explanation of the relationship that shall exist exists between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees;
(12) a description of a reasonable grievance and termination procedure, as required by this chapter, including notice and a hearing
(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
(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 twenty percent, despite its best efforts, the local school district board shall 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 nondiscriminatory manner and in compliance with the intent of Section 59-40-30(B). 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. A finding by the local school district board that the applicant is not operating in a racially discriminatory manner shall justify approval of the charter without regard to the racial percentage requirement if the application is acceptable in all other aspects.
(D)(E) 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)(F) If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which shall constitute constitutes a contract with the charter committee of the charter school. A copy of the charter shall must be filed with the State Board of Education.
Section 59-40-80. A local school board may shall conditionally authorize a charter school if the application is acceptable all other aspects but before the applicant has not secured its space, equipment, facilities, and or personnel if and the applicant indicates verifies that such authority is necessary for it to acquire the space, equipment, facilities, or personnel needed to meet the requirements of the application and of this chapter. Conditional authorization does not imply that final authorization shall be given and does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.
Section 59-40-90. (A) The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.
(B) A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees with a notice of appeal within ten days of the local board's decision.
(C) If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process shall must be:
(1) within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm, reverse, or remand the application for action by the local board in accordance with an order of the state board. If the state board remands the application, it shall do so with written instructions for reconsideration. Both the applicant and the local school board shall have the opportunity to communicate with the State Board of Education regarding the written instructions. These instructions shall must include specific recommendations concerning the matters requiring reconsideration;
(2) within thirty days following the remand of a decision to the local board of trustees and with reasonable public notice, the local school board of trustees, at a public hearing, shall reconsider its decision and make a final decision. No further administrative appeal may be taken from this decision. However, any final decision of the local school board of trustees after remand from the state board or a final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.
Section 59-40-100. (A) An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. All
(B) A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings.
(C) All students enrolled in the school at the time of conversion must be given priority enrollment.
(D) Teachers and other employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district with the same compensation and benefits including any future increases therein. The converted charter school quarterly shall reimburse the local school district for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees. The provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at a converted school.
Section 59-40-110. (A) A charter may be approved or renewed for a period not to exceed three of five school years; however the charter may be revoked or not renewed under the provisions of subsection (C) of this section.
(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
(B) During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.
(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation shall be are governed by Section 59-40-100(C).
Section 59-40-140. (A) A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures, including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment shall must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding shall must be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application.
(B) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. These amounts must be verified by the State Department of Education before the first disbursement of funds.
(C) Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall must be directed to charter schools. The proportionate share of funds generated under other federal or state categorical aid programs shall must be directed to charter schools serving students eligible for the aid.
(D) All services centrally or otherwise provided by the school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school district.
(E) All awards, grants, or gifts collected by a charter school shall must be retained by the charter school.
(F) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts or donation shall be a requirement required for admission. However, no gift, donation, or grant may be accepted by the governing board if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the governing body. All gifts, donations, or grants must be reported to the local school district within thirty days of their receipt by the governing body.
(G) A charter school shall report to its sponsor and the Department of Education any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.
(H) The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.
(I) Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which are necessary or convenient to fulfill its purposes.
(J) Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.
Section 59-40-145. A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence; however, the receiving charter school shall have authority to grant or deny permission for the student
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
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 the 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 59-40-200. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective
Rep. LOURIE explained the amendment.
Rep. LOURIE spoke in favor of the amendment.
Rep. WALKER spoke against the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Keegan Kelley Kirsh Klauber Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Merrill Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Smith, D.C. Smith, J.R. Stille Taylor Thompson Townsend Tripp Trotter Vaughn Walker
Webb White Wilkins Young, A.
Those who voted in the negative are:
Allen Askins Bales Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Cobb-Hunter Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Huggins Jennings Kennedy Knotts Lee Lloyd Lourie Mack McLeod Miller Moody-Lawrence Neal, J.M. Ott Parks Rhoad Rivers Rutherford Scott Sheheen Sinclair Smith, G.M. Smith, J.E. Snow Stuart Talley Weeks Whipper Wilder Young, J.
So, the amendment was tabled.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 4 (Doc Name COUNCIL\SKB\AMEND\18324SOM01), which was tabled:
Amend the bill, as and if amended, in Section 59-40-50(C) as contained in SECTION 1, page (3386-5) immediately following line 13 by adding:
/ (4) The school district in which a charter school is located, or the State Department of Education, whichever is appropriate, must provide students attending a charter school located within the district the same bus transportation to and from the charter school that it provides the students attending the district's other public schools. /
Rep. MOODY-LAWRENCE explained the amendment.
The SPEAKER granted Rep. J. YOUNG a leave of absence for the remainder of the day due to his father's illness.
Rep. MOODY-LAWRENCE continued speaking.
Rep. HOWARD spoke in favor of the amendment.
Rep. HOWARD continued speaking.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. WALKER moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Merrill Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair
Smith, D.C. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Young, A.
Those who voted in the negative are:
Allen Askins Bales Battle Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Rhoad Rivers Rutherford Scott Sheheen Smith, J.E. Weeks Whipper Wilder
So, the amendment was tabled.
Rep. MILLER proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\AMEND\20424SD01), which was tabled:
Amend the bill, as and if amended, in Section 59-40-70 of the 1976 Code, as contained in SECTION 1, by adding a new subsection appropriately lettered to read:
/ ( ) In the event that the racial composition of an applicant's or charter school's enrollment differs from the enrollment of the local school system or targeted student population, the sponsor shall consider the applicant's or charter school's recruitment efforts and racial composition of the applicant pool in determining whether the applicant or charter school is operating in a nondiscriminatory manner. A
Rep. MILLER explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker
Webb Whatley White Wilkins Young, A.
Those who voted in the negative are:
Allen Bales Battle Bowers Brown, G. Brown, J. Brown, R. Carnell Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Rhoad Rivers Scott Sheheen Smith, J.E. Snow Weeks Whipper Wilder
So, the amendment was tabled.
Rep. STUART proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\AMEND\20429SD01), which was tabled:
Amend the bill, as and if amended, in Section 59-40-140 of the 1976 Code, as contained in SECTION 1, by striking subsections (A), (B), and (C) and inserting:
/ (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 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
(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. The approval of a charter school application and the awarding of funding in the manner provided by this section after July 1, 2002, constitutes an obligation of the State to provide funding for the full five-year charter period and any extensions thereof granted pursuant to this chapter.
(C) Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be directed to charter schools. The proportionate share of funds generated under other federal or state categorical aid programs shall be directed to charter schools serving students eligible for the aid. Charter schools approved and in operation before July 1, 2002, shall also receive funding from the State in the manner provided by subsection (A). /
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
Rep. STUART spoke in favor of the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Altman Barfield Barrett Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gilham Hamilton Harrell Harrison Hinson Keegan Kirsh Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Sharpe Simrill Smith, D.C. Smith, J.R. Smith, W.D. Stille Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Young, A.
Those who voted in the negative are:
Allen Askins Bales Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Cobb-Hunter Coleman Freeman Frye Gourdine Govan Harvin Haskins Hayes Hines, J. Hines, M. Hosey Huggins Jennings Kennedy Knotts Koon Lee Lloyd Lourie Mack McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Rutherford Scott Sheheen Sinclair Smith, J.E.
Snow Stuart Talley Weeks Whatley Wilder
So, the amendment was tabled.
Rep. MILLER proposed the following Amendment No. 7 (Doc Name COUNCIL\NBD\AMEND\11476AC01), which was tabled:
Amend the bill, as and if amended, by striking Section 59-40-145 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. MILLER explained the amendment.
Rep. WALKER moved to table the amendment.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C.
Smith, J.R. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Young, A.
Those who voted in the negative are:
Allen Askins Battle Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Coleman Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Jennings Kennedy Lee Lloyd Lourie Mack Miller Moody-Lawrence Neal, J.M. Parks Phillips Rhoad Rivers Rutherford Scott Sheheen Smith, J.E. Snow Weeks Wilder
So, the amendment was tabled.
Rep. MILLER proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\AMEND\20430SD01), which was tabled:
Amend the bill, as and if amended, by striking Section 59-40-55 of the 1976 Code as contained in Section 1 in its entirety;
Amend further, as and if amended, by striking subsection (A) of Section 59-40-70 and inserting:
/(A) The local school board may establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. If the local school board finds the charter school application is incomplete or fails
/Section 59-40-80. A local school board may conditionally shall authorize a charter school before if the application is acceptable in all other aspects but the applicant has not secured its space, equipment, facilities, and or personnel if and the applicant indicates verifies that such authority is necessary for it to acquire the space, equipment, facilities, or personnel needed to meet the requirements of the application and of this chapter. Conditional authorization does not imply that final authorization must be given and 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. /
Amend further, as and if amended, by striking subsection (A) of Section 59-40-90 and inserting:
/(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. /
Amend further, as and if amended, by striking subsections (E), (F), and (G) of Section 59-40-100;
Amend further, as and if amended, by subsection (F) of Section 59-40-110 and inserting:
/(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. /;
Amend further, as and if amended, by striking subsection (G) of Section 59-40-110;
Amend further, by striking SECTION 2 of the bill in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. MILLER explained the amendment.
Rep. WALKER moved to table the amendment.
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Bingham Campsen Cato Chellis Coates Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Simrill Sinclair Smith, D.C. Smith, J.R. Smith, W.D. Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Young, A.
Those who voted in the negative are:
Allen Askins Battle Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Cobb-Hunter Coleman Cotty Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Jennings Kennedy Lee Lloyd Lourie Mack
McCraw McLeod Miller Moody-Lawrence Neal, J.H. Ott Parks Phillips Rivers Rutherford Scott Sheheen Smith, J.E. Snow Weeks Whipper Wilder
So, the amendment was tabled.
Rep. GILHAM proposed the following Amendment No. 9 (Doc Name COUNCIL\SWB\AMEND\5296DJC01), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 16, lines 23 through 29, by striking Section 59-40-145 in its entirety and inserting:
/ Section 59-40-145. A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence however, the receiving charter school shall have authority to grant or deny permission for the student to attend pursuant to Sections 59-40-40(2)(b) and 59-40-50(B)(7) and (8) of this chapter according to the terms of the charter after in-district children have been given priority in enrollment. However, the out-of-district enrollment shall not exceed twenty percent of the total enrollment of the charter school without the approval of the sponsoring district board of trustees. The district sending children to the charter school under the terms of this section must be notified immediately of the transferring students. Out-of-district students must be considered based on the order in which their applications are received. If the twenty percent out-of-district enrollment is from one school district, then the sending district must concur with any additional students transferring from that district to attend the charter school. The charter school to which the child is transferring shall be eligible for state and federal funding according to the formula defined in Section 59-40-140(A), (B), and (C) as applicable./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GILHAM explained the amendment.
The amendment was then adopted by a division vote of 73 to 12.
Rep. LEACH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Coates Cotty Dantzler Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Merrill Owens Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, J.R. Smith, W.D. Stille Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb White Wilkins Young, A.
Those who voted in the negative are:
Allen Askins Bales Battle Bowers Brown, G. Brown, R. Carnell Clyburn Cobb-Hunter Coleman Cooper Davenport Delleney Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee
Lloyd Lourie Mack McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Rhoad Rivers Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Snow Stuart Tripp Weeks Whatley Whipper Wilder
So, cloture was ordered.
Rep. WALKER moved that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, cloture having been ordered.
At 12:40 p.m. the House, in accordance with the motion of Rep. ROBINSON, adjourned in memory of Thomas M. Washington, to meet at 10:00 a.m. tomorrow.
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