Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. OTT as follows:
Bless us this day, O Lord, with a fresh realization of Your presence to strengthen us to face our tasks with faith and with fortitude. Grant us courage, grant us wisdom that we fail not our fellowmen or our God. Help us to keep our minds clear, our thoughts clean, and our hopes confident. Deliver us from worries that wear us out, from resentments that tear us down, and from frustrations that would weaken us. Make plain the path You would have us to go; help us to see it clearly and give us the determination to follow it unfalteringly. Enable us to uphold what is right and to stand for what is true. We ask this in the Lord's name. 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. R. BROWN moved that when the House adjourns, it adjourn in memory of Reverend Joseph L. Wright, which was agreed to.
The following was received:
Columbia, S.C., April 4, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 501:
S. 501 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 17, 2001, IMMEDIATELY FOLLOWING HE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., April 4, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3787:
H. 3787 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 17, 2001, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Very respectfully,
President
Received as information.
Document No. 2583
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110 et seq., 1-23-110 et seq., 38-77-530
South Carolina Reinsurance Facility Recoupment
Received by Speaker of the House of Representatives
January 29, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 6, 2001 (Revised)
20010404 Withdrawn and Resubmitted
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3442 (Word version) -- Reps. Robinson, Wilkins, W. D. Smith, Quinn, Koon, Knotts, Allison, Altman, Barfield, Barrett, Bingham, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, Martin, McGee, Meacham-Richardson, Merrill, Owens, Perry, Rhoad, Rice, Riser, Rodgers, Sandifer, Scarborough, Sharpe, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, Stille, Talley, Taylor, Thompson, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE AT THE RATE OF ONE PERCENT A YEAR THE FOUR PERCENT STATE SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JANUARY 1, 2005, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO AMEND AN ACT OF 2000 BEARING RATIFICATION NUMBER 453, RELATING TO SUPPLEMENTAL APPROPRIATIONS, SO AS TO DELETE A
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3733 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION, SO AS TO REVISE THE "HOLD HARMLESS" BASE YEAR IN THE REIMBURSEMENT DISTRIBUTION FORMULA FROM AMOUNTS RECEIVED BY SCHOOL DISTRICTS IN FISCAL YEAR 1998-99 TO AMOUNTS RECEIVED IN THE PRECEDING FISCAL YEAR.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 143 (Word version) -- Senators Leatherman and Branton: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3129 (Word version) -- Reps. Kirsh, Vaughn, Altman and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX SO AS TO PROVIDE AN EXEMPTION FOR PRESCRIPTION MEDICINE USED IN THE TREATMENT OF RENAL DISEASE.
Ordered for consideration tomorrow.
H. 3172 (Word version) -- Reps. Vaughn, Barrett, Davenport, Leach, Campsen, Witherspoon, Walker, Altman, Rodgers, Stuart, Robinson, Sharpe, Loftis, Rice, Hamilton, Easterday, Delleney, Phillips, Harrison, Chellis, Scarborough, Huggins, Tripp, Cato and Gilham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, AND TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3443 (Word version) -- Reps. Robinson, Wilkins, W. D. Smith, Quinn, Koon, Knotts, Simrill, 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, Klauber, Law, Leach, Limehouse, Littlejohn, Loftis, Lucas, McGee, Meacham-Richardson, Owens, Perry, Rice, Riser, Rodgers, Sandifer, Sharpe, Sinclair, D. C. Smith, G. M. Smith, J. R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT AND TO DELETE REDUNDANT LANGUAGE.
Ordered for consideration tomorrow.
H. 3586 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX AND THE PAYMENT OF AND EXEMPTIONS TO THE ADMISSIONS TAX, SO AS TO EXEMPT PHYSICAL FITNESS CENTERS OF THIS STATE AND ITS POLITICAL SUBDIVISIONS IN THE SAME MANNER THAT PRIVATE PHYSICAL FITNESS CENTERS LICENSED UNDER CHAPTER 79 OF TITLE 44 ARE EXEMPT.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 218 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF STATE GENERAL OBLIGATION BONDS, SO AS TO PROVIDE FOR THE METHODS OF ADVERTISING THE SALE OF THE BONDS, TO ALLOW THE STATE BUDGET AND CONTROL BOARD TO RECEIVE BIDS FOR THE BONDS IN A FORM THE BOARD DETERMINES, AND TO ALLOW THE PRIVATE SALE OF BONDS IF NO BIDS ARE RECEIVED OR IF ALL BIDS ARE REJECTED.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3438 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Cato, J. Brown, Harrell, Kelley, Sharpe, Townsend, Altman and Robinson: A BILL TO AMEND SECTION 11-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON GENERAL TAX INCREASES AND NEW GENERAL TAXES, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE ELECTED MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY FOR THE IMPOSITION OF A NEW OR INCREASED TAX.
Ordered for consideration tomorrow.
H. 3513 (Word version) -- Reps. Easterday, Barrett, Cotty, Delleney, Freeman, Hamilton, Harrell, Hinson, Keegan, Kelley, Kennedy, Klauber, Leach, Loftis, Lucas, McGee, Merrill, Neilson, Owens, Quinn, Rice, Robinson, Scarborough, Sinclair, Thompson, Vaughn, Walker, Wilkins and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-125 SO AS TO PROHIBIT THE APPROPRIATION OF SURPLUS FUNDS FOR RECURRING EXPENDITURES OF STATE AGENCIES, TO DEFINE "RECURRING EXPENSES", AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3013 (Word version) -- Reps. Vaughn, Altman, Barrett, J. Brown, Cobb-Hunter, Cotty, Davenport, Harvin, Leach, Littlejohn, Loftis, Rodgers, Taylor, W. D. Smith, Harrison, Witherspoon, Wilder, Stille, Whatley, Clyburn, Walker and Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS FOR STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-17 SO AS TO AUTHORIZE SPECIFICALLY THE USE OF FLEXIBLE SCHEDULING BY A STATE AGENCY AND INSTITUTION IN DETERMINING AN EMPLOYEE'S MINIMUM FULL-TIME WORKWEEK SCHEDULE, INCLUDING HOURS BEFORE EIGHT-THIRTY A.M. AND AFTER FIVE P.M., SO LONG AS THE CAPACITY OF THE AGENCY OR INSTITUTION IS NOT IMPAIRED.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3585 (Word version) -- Reps. Kelley and Townsend: A CONCURRENT RESOLUTION EXPRESSING THE VIEW OF THE GENERAL ASSEMBLY THAT STATE PERSONNEL POLICIES, GUIDELINES, OR PROCEDURES, HOWEVER DESCRIBED,
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3681 (Word version) -- Reps. Kelley, Robinson, Keegan, Cooper and White: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO INCREASE THE MINIMUM CONTRIBUTION FROM FOUR AND ONE QUARTER PERCENT OF COMPENSATION TO FIVE PERCENT OF COMPENSATION; TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS, SO AS TO EXTEND ELIGIBILITY IN THAT PROGRAM TO EMPLOYEES OF THE STATE, INCLUDING EMPLOYEES OF TWO- AND FOUR-YEAR STATE SUPPORTED INSTITUTIONS OF HIGHER EDUCATION, AND TECHNICAL COLLEGES; AND TO REPEAL, EFFECTIVE JULY 1, 2002, THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3683 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO REQUIRE ANNUAL STATE BUDGET AND CONTROL BOARD APPROVAL OF THE NEXT CALENDAR YEAR'S PLAN OF BENEFITS,
On motion of Rep. HARRELL, with unanimous consent, the following was taken up for immediate consideration:
H. 3875 (Word version) -- Reps. Harrell, Sharpe, Simrill, Bales, Cotty, Hayes, Allison, Wilkins, Quinn, G. M. Smith, Whatley, Kelley, Law, Kirsh, J. R. Smith, Taylor, Weeks, Moody-Lawrence, Altman, Askins, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Coleman, Dantzler, Davenport, Delleney, Easterday, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Harrison, Harvin, Haskins, J. Hines, M. Hines, Hinson, Hosey, Huggins, Jennings, Keegan, Kennedy, Knotts, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, J. M. Neal, Ott, Owens, Perry, Phillips, Rhoad, Rice, Riser, Rivers, Rodgers, Sandifer, Scarborough, Scott, Sheheen, D. C. Smith, J. E. Smith, W. D. Smith, Snow, Stuart, Talley, Thompson, Townsend, Vaughn, Walker, Webb, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO EXPRESS THE BELIEF OF THE HOUSE OF REPRESENTATIVES THAT FUNDS RECENTLY DETERMINED BY THE DEPARTMENT OF EDUCATION TO BE UNNECESSARY FOR TEACHER AND PRINCIPAL SPECIALISTS UNDER THE EDUCATION ACCOUNTABILITY ACT SHOULD BE USED TO RESTORE TO THE FULLEST EXTENT POSSIBLE LOCAL SCHOOL INNOVATION FUNDING UNDER THE EDUCATION IMPROVEMENT ACT.
Whereas, the Department of Education has recently determined that it does not require as much funding as previously thought necessary for teacher and principal specialists under the Education Accountability Act; and
Whereas, in this difficult budget year, full funding for local school innovation under the Education Improvement Act has been very hard to secure; and
Be it resolved by the House of Representatives:
That the House of Representatives expresses its belief that funds recently determined by the Department of Education to be unnecessary for teacher and principal specialists under the Education Accountability Act should be used to restore to the fullest extent possible local school innovation funding under the Education Improvement Act.
Be it further resolved that a copy of this resolution be forwarded to the Governor and the Senate Finance Committee.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3876 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 59-50-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, SO AS TO DELETE AS A MEMBER OF THE BOARD THE CHAIRMAN OF THE JOINT LEGISLATIVE COMMITTEE ON CULTURAL AFFAIRS WHICH HAS BEEN ABOLISHED AND TO PROVIDE THAT A MEMBER OF THE EDUCATION OVERSIGHT COMMITTEE, SELECTED BY THE COMMITTEE, SHALL BE A MEMBER OF THE BOARD TO SERVE EX OFFICIO.
Referred to Committee on Education and Public Works
H. 3877 (Word version) -- Reps. Perry, Altman, Battle, Breeland, Chellis, Cobb-Hunter, Coleman, Fleming, Gourdine, Harrison, J. Hines, Kennedy, Kirsh, Limehouse, Littlejohn, Loftis, J. H. Neal, Owens, Scarborough, Scott, D. C. Smith, F. N. Smith, Whipper and A. Young: A BILL TO PROVIDE THAT THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF PAY TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND
H. 3878 (Word version) -- Rep. Simrill: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES BY ADDING CHAPTER 35 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN OFF ROAD VEHICLE ACTIVITY CAUSED BY THE INHERENT RISK OF OFF ROAD VEHICLE ACTIVITY, TO PROVIDE DEFINITIONS AND EXCEPTIONS TO THE IMMUNITY.
Referred to Committee on Judiciary
H. 3879 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AMEND ACT 546 OF 1982, RELATING TO THE ELECTION AND TERMS OF OFFICE OF MEMBERS OF THE BOARDS OF TRUSTEES OF GREENWOOD SCHOOL DISTRICTS 50, 51, AND 52, SO AS TO DELETE FROM THE PROVISIONS THE ELECTION OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, DELETE ARCHAIC REFERENCES TO THE COUNTY BOARD OF EDUCATION, MAKE OTHER CHANGES IN THE MANNER OF ELECTION OF THE TRUSTEES OF THESE DISTRICTS TO MAKE CERTAIN CHANGES CONSISTENT WITH THE OTHER TRUSTEES ELECTED IN GREENWOOD COUNTY, TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO DELETE ARCHAIC REFERENCES, AND MAKE OTHER CHANGES SO THAT THE ELECTION OF TRUSTEES OF SCHOOL DISTRICT 50 ARE CONSISTENT WITH THE ELECTION OF OTHER TRUSTEES IN THE COUNTY.
On motion of Rep. KLAUBER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3880 (Word version) -- Rep. Cato: A BILL TO AMEND ARTICLE 5, CHAPTER 77, TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSURANCE
H. 3881 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO REQUIRE A STUDY TO BE CONDUCTED BY SPARTANBURG COUNTY OF THE IMPACT OF PLACING A TRASH COMPACTOR FACILITY ON PARRIS BRIDGE ROAD NEAR I-85 AND TO SUSPEND CONSTRUCTION OF THE FACILITY UNTIL A REPORT OF THE STUDY HAS BEEN SUBMITTED TO THE SPARTANBURG LEGISLATIVE DELEGATION.
Referred to Spartanburg Delegation
H. 3882 (Word version) -- Reps. J. R. Smith and Sharpe: A BILL TO AMEND SECTION 34-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ECONOMIC DEVELOPMENT ACT, SO AS TO INCLUDE A DEFINITION FOR "COMMUNITY INVESTMENT ACCOUNT"; TO AMEND SECTION 34-43-30, RELATING TO DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE ECONOMIC DEVELOPMENT ACT, SO AS TO PROVIDE FOR GRANTS AND LOANS TO INCLUDE PRIVATE CONTRIBUTIONS AND OTHER SOURCES OF MONIES IN THE COMMUNITY INVESTMENT ACCOUNT; AND TO AMEND SECTION 12-6-3530, RELATING TO COMMUNITY DEVELOPMENT TAX CREDITS AGAINST THE STATE INCOME TAX, SO AS TO INCLUDE REFERENCES TO INVESTMENT IN THE COMMUNITY INVESTMENT ACCOUNT AS A BASIS FOR THE CREDIT.
Referred to Committee on Ways and Means
H. 3883 (Word version) -- Reps. Carnell, Cotty, Govan, Simrill, Askins, Bales, Barrett, Battle, G. Brown, R. Brown, Cobb-Hunter, Davenport, Gourdine, Harvin, J. Hines, M. Hines, Hosey, Kirsh, Klauber, Koon, Lee, Littlejohn, Meacham-Richardson, J. H. Neal, J. M. Neal, Ott, Parks, Rhoad, Rivers, Scott, Sheheen, Snow, Stille, Taylor, Weeks and Wilder: A BILL TO AMEND SECTION 11-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
H. 3884 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 59-63-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR BARRING FIRST-TIME ENROLLMENT OF A STUDENT, SO AS TO REVISE THE GROUNDS UPON WHICH A STUDENT MAY BE BARRED FROM ENROLLING BY PROVIDING THAT A STUDENT MAY BE BARRED FOR COMMISSION OF A CLASS A, B, C, OR D FELONY OR ACTIVITIES WHICH CONSTITUTE SUCH FELONY RATHER THAN FOR A VIOLENT CRIME OR OTHER SPECIFIED CRIMES, TO AUTHORIZE SENDING SUCH STUDENT TO AN ALTERNATIVE SCHOOL, TO DELETE THE PROVISION THAT THE BAR APPLIES FOR A MAXIMUM OF ONE YEAR, AND TO PROVIDE THAT THE BAR MAY BE EXTENDED.
Referred to Committee on Education and Public Works
H. 3885 (Word version) -- Reps. Meacham-Richardson, Simrill, Kirsh and Vaughn: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES AND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE EXEMPTIONS FROM SALES TAX AND DEED RECORDING FEES FOR SALES, EXCHANGES, AND TRANSFERS OF ELECTRIC TRANSMISSION FACILITIES; AND TO AMEND SECTION 12-6-3410, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ALLOW CERTAIN LIMITED LIABILITY COMPANIES TO BE TREATED AS CORPORATIONS FOR THIS PURPOSE.
Referred to Committee on Ways and Means
H. 3889 (Word version) -- Reps. Cotty, Sheheen, J. M. Neal and Lucas: A BILL 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 KERSHAW 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 KERSHAW COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
On motion of Rep. COTTY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3890 (Word version) -- Reps. Townsend, Harrell, Allison, Hayes, Jennings, McCraw and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE REALLOCATION OF TECHNICAL ASSISTANCE FUNDING UNDER THE EDUCATION ACCOUNTABILITY ACT FOR SPECIFIED ASSISTANCE TO LOW-PERFORMING SCHOOLS AND SCHOOL DISTRICTS, AND TO PROVIDE THE MANNER IN WHICH AND CRITERIA UNDER WHICH THIS SPECIAL ASSISTANCE SHALL BE PROVIDED.
On motion of Rep. TOWNSEND, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3891 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-2735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR
H. 3892 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-4-35 SO AS TO ESTABLISH THE TOURISM EXPENDITURE REVIEW COMMITTEE FOR THE PURPOSE OF REVIEWING TOURISM-RELATED EXPENDITURES OF STATE ACCOMMODATIONS SALES TAX REVENUES OF MUNICIPALITIES AND COUNTIES AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, INCLUDING THE AUTHORITY TO ORDER A REDUCTION IN THE ACCOMMODATIONS TAX REVENUE ALLOCATION TO A MUNICIPALITY OR COUNTY TO REFLECT A QUESTIONABLE EXPENDITURE OR LATE FILED REPORTS; TO AMEND SECTIONS 6-4-5 AND 6-4-30, AS AMENDED, RELATING TO DEFINITIONS AND THE DUTIES OF THE DEPARTMENT OF REVENUE IN THE ALLOCATIONS OF ACCOMMODATIONS TAX REVENUES, SO AS TO ADD A DEFINITION FOR "TOURIST" AND TO DELETE DUTIES FORMERLY ASSIGNED TO THE DEPARTMENT OF REVENUE NOW ASSIGNED THE COMMITTEE ESTABLISHED BY THIS ACT; AND TO AMEND SECTION 12-36-2630, RELATING TO THE IMPOSITION OF THE STATE SALES TAX ON ACCOMMODATIONS, SO AS TO CLARIFY THE REVENUES WHICH MAY BE RETAINED BY THE DEPARTMENT OF REVENUE AND TO ALLOW THESE REVENUES TO FUND THE EXPENSES OF THE COMMITTEE ESTABLISHED BY THIS ACT.
Referred to Committee on Ways and Means
H. 3893 (Word version) -- Rep. Lourie: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT BY ADDING CHAPTER 14, SO AS TO ENACT THE BOILER STANDARDS ACT WHICH REQUIRES ANY BOILER INSTALLED AFTER DECEMBER 31, 2001, TO BE
S. 13 (Word version) -- Senators Passailaigue, Ford, Reese and Branton: A BILL TO AMEND SECTION 59-113-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF AN INDEPENDENT INSTITUTION OF HIGHER LEARNING, SO AS TO REVISE THIS DEFINITION.
Referred to Committee on Education and Public Works
S. 57 (Word version) -- Senators Elliott, Ford, McGill, Mescher, Glover and Branton: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.
Referred to Committee on Judiciary
S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE SOUTH CAROLINA CONSERVATION BANK ACT SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO
S. 484 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO INCREASE THE MINIMUM CONTRIBUTION FROM FOUR AND ONE QUARTER PERCENT OF COMPENSATION TO FIVE PERCENT OF COMPENSATION; TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS, SO AS TO EXTEND ELIGIBILITY IN THAT PROGRAM TO EMPLOYEES OF THE STATE, INCLUDING EMPLOYEES OF TWO- AND FOUR-YEAR STATE SUPPORTED INSTITUTIONS OF HIGHER
The following was introduced:
H. 3886 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. AND MRS. JACK JANZEN UPON THEIR RECEIPT OF A LIFETIME ACHIEVEMENT AWARD PRESENTED BY THE PICKENS COUNTY REPUBLICAN PARTY.
The Resolution was adopted.
The following was introduced:
H. 3887 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. AND MRS. VIRGIL MITCHELL UPON THEIR RECEIPT OF A LIFETIME ACHIEVEMENT AWARD PRESENTED BY THE PICKENS COUNTY REPUBLICAN PARTY.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Askins Bales Barfield Barrett Bingham Bowers Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge
Emory Fleming Freeman Frye Gilham Gourdine Govan Harrell Harrison Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Leach Lee Limehouse Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Phillips 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 Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, April 5.
James Law James Battle Todd Rutherford Gloria Haskins Fletcher Smith Rick Quinn Joseph Neal
The SPEAKER granted Rep. BREELAND a leave of absence for the day to attend a funeral.
The SPEAKER granted Rep. MILLER a leave of absence for the day due to a death in family.
The SPEAKER granted Rep. HAMILTON a leave of absence for the day due to a family wedding.
Announcement was made that Dr. Beverly Simons of Columbia is the Doctor of the Day for the General Assembly.
Rep. HARRISON presented to the House the Dreher High School Lady Blue Devils Varsity Basketball Team, Class AAA Girls Basketball State Champions, their coaches and cheerleaders.
Rep. HARRISON presented to the House the Hammond School Varsity Cheerleading Team, the 2000-2001 South Carolina Independent School Association State Champions, and their advisers.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or
Bill Number: H. 3438 (Word version)
Date: ADD:
04/05/01 ROBINSON
Bill Number: H. 3386 (Word version)
Date: ADD:
04/05/01 RICE
Bill Number: H. 3386 (Word version)
Date: ADD:
04/05/01 ROBINSON
Bill Number: H. 3719 (Word version)
Date: ADD:
04/05/01 GILHAM
Bill Number: H. 3719 (Word version)
Date: ADD:
04/05/01 WEBB
Bill Number: H. 3719 (Word version)
Date: ADD:
04/05/01 MARTIN
Bill Number: H. 3719 (Word version)
Date: ADD:
04/05/01 LLOYD
Bill Number: H. 3719 (Word version)
Date: ADD:
04/05/01 D. C. SMITH
Bill Number: H. 3010 (Word version)
Date: ADD:
04/05/01 KOON
Bill Number: H. 3167 (Word version)
Date: ADD:
04/05/01 WHITE
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 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, ASSETS, AND LIABILITIES TO THE GOVERNING BODY OF WILLIAMSBURG COUNTY.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
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.
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 NUMBER 2559, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
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.
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.
H. 3850 (Word version) -- Reps. Carnell, Sheheen, Rhoad, Allison, Altman, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young, J. Young, Allen, Askins, Coates and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.
Rep. SHARPE moved to adjourn debate upon the following Joint Resolution until Tuesday, April 10, which was adopted:
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.
The following Bill was taken up:
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 PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
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
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
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.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
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
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
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.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and
The following Bill was taken up:
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.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
Rep. HARRISON explained the Bill.
Rep. HARRISON explained the Bill.
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 CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE IF THESE OPINIONS AFFECT THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES.
Rep. HARRISON explained the Bill.
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.
Rep. HARRISON explained the Bill.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3653 (Word version) be read the third time tomorrow.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 289 (Word version) be read the third time tomorrow.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 70 (Word version) be read the third time tomorrow.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3756 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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 AMEND SECTION 7-25-70, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY THREATS, SO AS TO PROHIBIT A PERSON FROM USING
Rep. PARKS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
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.
Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
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
Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
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.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HARRISON asked unanimous consent to recall H. 3389 (Word version) from the Committee on Judiciary.
Rep. KENNEDY objected.
Rep. SHARPE asked unanimous consent to recall H. 3856 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. FLEMING asked unanimous consent to recall H. 3867 (Word version) from the Committee on Education and Public Works.
Rep. SCOTT objected.
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 proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5309DJC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 50-13-1187 of the 1976 Code, as last amended by Act 53 of 1999, is further amended to read:
"Section 50-13-1187. (A) Except as provided in subsections (B) and (C), no game fish, live bait, or other bait other than bait listed below may be used with trotlines, set hooks, and jugs:
(1) soap;
(2) dough balls;
(3) cut fish which must be nongame fish cut into at least three equal parts;
(4) shrimp;
(5) meat scraps which may not include insects, worms, or other invertebrates;
(6) grapes.
(B) Notwithstanding any other provisions of law, on the Edisto, Black, Sampit, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers, live nongame fish and bream may be used with single-barbed set hooks that have a shank-to-point gap of one and three-sixteenths inches or greater, provided that the use of bream as bait is not allowed after June 30, 2001. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.
(C) Live nongame fish and bream may be used on trotlines having not more than twenty hooks that have a shank-to-point gap of one and three-sixteenths inches or greater on the Black, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers, provided that the use of bream as bait is not allowed after June 30, 2001. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.
(D) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following Concurrent Resolution was taken up:
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.
Whereas, Section 56-1-3350 of the 1976 Code provides for the issuance of special identification cards to South Carolinians five years of age and older by the Department of Public Safety; and
Whereas, these special identification cards are designed by law to bear an individual's photograph and resemble a South Carolina driver's license, except that the card must contain a statement indicating that it does not license the bearer to operate a motor vehicle; and
Whereas, the South Carolina General Assembly, in enacting Section 56-1-3350, intended that these photographic identification cards be used for all purposes for which a licensed driver might use a driver's license not related to the operation of a motor vehicle including presenting a form of photographic identification when cashing or negotiating a check; and
.
Whereas, banks and merchants apparently do not always recognize these identification cards as valid forms of photographic identification when presented by blind persons and other nondrivers, and in at least two recent instances, merchants and check-cashing centers have refused to negotiate checks presented by blind South Carolinians holding special identification cards and required instead that a sighted person holding a driver's license endorse the check; and
Whereas, the General Assembly, by this resolution, hereby calls on all merchants and banks to transact business in accordance with the intent of this law as expressed in this resolution and also requests appropriate media outlets to raise public awareness of this important issue. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express their belief and intent 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.
Rep. MCGEE explained the Resolution.
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, cloture having been ordered:
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, Campsen, Rice and Robinson: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
Reps. HINSON, TALLEY, SCARBOROUGH and SINCLAIR proposed the following Amendment No. 11 (Doc Name COUNCIL\GJK\AMEND\20453SD01), which was adopted:
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. Applications for charter schools must be sent by certified mail to the local school board of trustees. If the local school board finds 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./;
Amend further, as and if amended, by striking subsection (F) of Section 59-40-70 in its entirety;
Amend further, as and if amended, by striking Section 59-40-80 and inserting:
/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. /
/(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. HINSON explained the amendment.
Rep. HINSON continued speaking.
Rep. WALKER moved to table the amendment.
Rep. HINSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Cooper Davenport Frye Gilham Keegan Kelley Kirsh Koon Loftis Lucas Martin Meacham-Richardson Riser Robinson Rodgers Sandifer Sharpe Smith, D.C. Smith, J.R. Townsend Walker Webb White
Those who voted in the negative are:
Askins Bales Barfield Barrett Battle Bingham Bowers Brown, J. Brown, R.
Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cotty Delleney Emory Fleming Freeman Gourdine Govan Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Kennedy Knotts Law Leach Limehouse Lloyd Lourie Mack McCraw McGee McLeod Merrill Moody-Lawrence Neal, J.M. Owens Parks Phillips Rhoad Rice Rivers Rutherford Scarborough Sheheen Simrill Sinclair Smith, G.M. Smith, J.E. Stuart Talley Taylor Thompson Trotter Vaughn Whatley Whipper Wilder Young, A. Young, J.
So, the House refused to table the amendment.
Rep. WALKER spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Battle Bingham Bowers Brown, J. Brown, R. Carnell Cato Clyburn Coates Cobb-Hunter Coleman Cotty Emory
Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Kennedy Knotts Law Lee Lloyd Lourie Mack McCraw McLeod Moody-Lawrence Neal, J.M. Ott Owens Parks Phillips Rhoad Rivers Rutherford Scarborough Scott Sheheen Sinclair Smith, G.M. Smith, J.E. Snow Stuart Talley Taylor Thompson Trotter Weeks Whatley Whipper Wilder
Those who voted in the negative are:
Altman Bales Barfield Barrett Campsen Chellis Dantzler Davenport Delleney Easterday Fleming Frye Gilham Harrell Harrison Haskins Keegan Kelley Kirsh Koon Leach Limehouse Loftis Lucas Martin McGee Meacham-Richardson Merrill Perry Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D.C. Smith, J.R. Smith, W.D. Stille Townsend Tripp Vaughn Walker Webb White Wilkins Young, A. Young, J.
So, the amendment was adopted.
Rep. COATES proposed the following Amendment No. 12 (Doc Name COUNCIL\GJK\AMEND\5303DJC01), 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. The Charter School Advisory Committee must work in conjunction with the local school board in reviewing all applications to insure compliance with applicable law. If the local school board finds 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./;
Amend further, as and if amended, by striking subsection (F) of Section 59-40-70 in its entirety;
Amend further, as and if amended, by striking Section 59-40-80 and inserting:
/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;
/(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. COATES explained the amendment.
Rep. WALKER raised the Point of Order that Amendment No. 12 was out of order as not germane to the Bill because the Bill had been altered by a previously adopted amendment making the pending amendment conflict with the current subject of the Bill, as amended.
Rep. COATES argued contra.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.
Rep. COATES moved to table the amendment, which was agreed to.
Rep. LOURIE proposed the following Amendment No. 13 (Doc Name COUNCIL\GJK\AMEND\20431SD01), 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 Section 59-40-60(F)(14) and inserting:
/(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/;
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 to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant./;
Amend further, as and if amended, by striking subsection (F) of Section 59-40-70 in its entirety;
Amend further, as and if amended, by striking Section 59-40-80 and inserting:
/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.
Reps. WALKER and TOWNSEND proposed the following Amendment No. 14 (Doc Name COUNCIL\GJK\AMEND\ 20457SD01), which was rejected:
Amend the bill, as and if amended, by striking Section 59-40-55 of the 1976 Code as contained in Section 1 and inserting:
/Section 59-40-55. (A) An applicant desiring to form a charter school may either file the application with the local school board of trustees in the manner provided by this chapter or in the alternative may file the application directly with the State Board of Education which shall act as the sponsor of the charter school and as the approving entity for that charter school. In the event the applicant chooses to file the application with the State Board of Education, all references in this chapter to the local school board of trustees as the approving entity for the charter school application and related matters shall be construed to mean the State Board of Education except that the appeal provisions in Section 59-40-90 to the state board in the event of a denial of an application by a local school board of trustees do not apply.
(B)(1) If an applicant pursuant to subsection (A) applies to the State Board of Education to form a charter school, it shall also provide a copy of the application to the local school board of the school district in which the proposedd charter school shall be located either before or at the same time it files its application with the State Board of Education.
(2) The local board shall review the application and may offer suggestions or recommendations to the applicant or the State Board of Education prior to its acting on the application.
(3) The State Board of Education shall give due consideration to suggestions or recommendations made by the local school board under item (2).
(C) The State Board of Education shall review and, by majority vote, either approve or deny the application within ninety days after the application is received by the board.
(D) The state board's action under this section is the final administrative action subject only to judicial review. /
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
/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. TOWNSEND explained the amendment.
Rep. KENNEDY raised the Point of Order that Amendment No. 14 was out of order as not germane to the Bill because the Bill had been altered by a previously adopted amendment making the pending amendment conflict with the current subject of the Bill, as amended.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.
Rep. TOWNSEND continued speaking.
Rep. HINSON spoke against the amendment.
Rep. HINSON moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bales Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Coates Cobb-Hunter Coleman Cotty Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Kennedy Knotts Lee Lloyd Lourie Mack McCraw McLeod Moody-Lawrence Neal, J.M. Ott Owens Parks Rhoad Rivers Rutherford Scott Sheheen Sinclair Smith, J.E. Snow Stuart Talley Thompson Weeks Whatley Whipper Wilder
Allison Altman Barfield Barrett Campsen Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Haskins Keegan Kelley Kirsh Koon Law Leach Limehouse Loftis Lucas Martin McGee Meacham-Richardson Merrill Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Simrill Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY 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 Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Keegan Kelley Kirsh Koon Law
Leach Limehouse Loftis Lucas Martin McGee Meacham-Richardson Merrill Perry Quinn Rice Riser Rodgers Sandifer Sharpe Simrill Smith, D.C. Smith, J.R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Askins Bales Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Coates Cobb-Hunter Coleman Cotty Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Kennedy Knotts Lee Lloyd Lourie Mack McLeod Moody-Lawrence Neal, J.M. Ott Owens Parks Rhoad Rivers Rutherford Scarborough Scott Sheheen Sinclair Smith, G.M. Smith, J.E. Smith, W.D. Snow Stuart Talley Thompson Weeks Whipper Wilder
So, the amendment was rejected.
Rep. GOVAN proposed the following Amendment No. 15 (Doc Name COUNCIL\BBM\AMEND\10158HTC01), which was tabled:
/ (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 in its discretion hire noncertified teachers in a ratio of up to ten percent of its entire teacher staff. Part-time noncertified teachers shall be considered pro rata in calculating this percentage based on the hours which they are expected to teach conform to teacher certification requirements applicable to public school teachers; /
Amend title to conform.
Rep. GOVAN explained the amendment.
Rep. WALKER moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Bingham Bowers Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Loftis Lucas Martin McCraw McGee Meacham-Richardson Merrill Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Stille Stuart
Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Brown, G. Brown, R. Carnell Clyburn Cobb-Hunter Emory Freeman Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Rhoad Rivers Rutherford Scott Smith, J.E. Weeks Whipper Wilder
So, the amendment was tabled.
Rep. GOVAN moved that the House do now adjourn.
Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Brown, J. Clyburn Coates Govan Harvin Hayes Hines, M. Hosey Howard Jennings Kennedy Lee Lourie Mack Moody-Lawrence
Neal, J.H. Parks Scott Sheheen
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Bingham Bowers Brown, G. Brown, R. Campsen Carnell Cato Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Freeman Frye Gilham Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Loftis Lucas Martin McCraw McGee Meacham-Richardson Merrill Ott Owens Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Sharpe Smith, D.C. Smith, J.R. Snow Stille Stuart Talley Thompson Townsend Trotter Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
So, the House refused to adjourn.
Rep. LAW moved to reconsider the vote whereby Amendment No. 11 was adopted.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bales Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Coates Cobb-Hunter Cotty Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Kennedy Knotts Lee Lloyd Lourie Mack McCraw McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Phillips Rhoad Rivers Rutherford Scarborough Scott Sheheen Sinclair Smith, F.N. Smith, J.E. Snow Talley Taylor Weeks Whatley Whipper Wilder
Those who voted in the negative are:
Allison Altman Barrett Campsen Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Huggins Keegan Kelley Kirsh Koon Law Leach Limehouse Loftis Lucas Martin McGee Meacham-Richardson Merrill Perry
Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D.C. Smith, J.R. Smith, W.D. Stille Stuart Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
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 Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Huggins Keegan Kelley Kirsh Koon Law Leach Limehouse Loftis Lucas Martin McGee Meacham-Richardson Merrill Perry Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Taylor Thompson Townsend Tripp Trotter Vaughn Walker
Webb White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Askins Bales Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Coates Cobb-Hunter Cotty Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Kennedy Knotts Lee Lloyd Lourie Mack McCraw McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Phillips Rhoad Rivers Rutherford Scarborough Scott Sheheen Sinclair Smith, F.N. Smith, J.E. Snow Stuart Talley Weeks Whatley Whipper Wilder
So, the motion to reconsider was agreed to.
The question then recurred to the adoption of the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bales Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Coates
Cobb-Hunter Coleman Cotty Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Kennedy Knotts Lee Lloyd Lourie Mack McCraw McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Phillips Rhoad Rivers Rutherford Scarborough Scott Sheheen Sinclair Smith, F.N. Smith, J.E. Snow Stuart Talley Taylor Thompson Vaughn Weeks Whatley Whipper Wilder
Those who voted in the negative are:
Allison Altman Barfield Barrett Campsen Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Keegan Kelley Kirsh Koon Law Leach Limehouse Loftis Lucas Martin McGee Meacham-Richardson Merrill Perry Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Townsend Tripp Trotter Walker Webb
White Wilkins Witherspoon Young, A. Young, J.
So, the amendment was adopted.
Rep. HAMILTON proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20380SD01), which was tabled:
Amend the bill, as and if amended, in Section 59-40-55 of the 1976 Code, as contained in SECTION 1, by adding at the end of (E)(1) the following:
/The members of the advisory committee must include persons from but are not limited to persons from the above referenced categories./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. LOURIE a leave of absence for the remainder of the day due to personal reasons.
Rep. THOMPSON moved to reconsider the vote whereby Amendment No. 14 was rejected.
Rep. J. E. SMITH raised the Point of Order that Amendment No. 14 was out of order because the amendment had effectively been clinched through the adoption of Amendment No. 11, which contained changes to the same sections as in Amendment No. 14.
SPEAKER WILKINS stated the principle that Rep. J.E. SMITH was referring to applied to consideration of sections of the Appropriations Bill. He therefore overruled the Point of Order.
Rep. HINSON moved to table the motion to reconsider.
Those who voted in the affirmative are:
Allen Askins Bales Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Clyburn Coates Cobb-Hunter Coleman Cotty Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Kennedy Knotts Lee Lloyd Mack McCraw McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Phillips Rhoad Rivers Rutherford Scarborough Scott Sheheen Sinclair Smith, F.N. Smith, G.M. Smith, J.E. Snow Stuart Talley Weeks Whatley Whipper Wilder
Those who voted in the negative are:
Allison Altman Barfield Barrett Campsen Carnell Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Keegan Kelley Kirsh Koon Law Leach Limehouse Loftis Lucas Martin McGee Meacham-Richardson Merrill Perry Quinn Rice Riser Robinson Rodgers
Sandifer Sharpe Simrill Smith, D.C. Smith, J.R. Smith, W.D. Stille Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. WALKER 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 Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Keegan Kelley Kirsh Koon Law Leach Limehouse Loftis Lucas Martin McGee Meacham-Richardson Merrill Perry Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D.C. Smith, J.R. Smith, W.D. Stille Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
Allen Askins Bales Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Coates Cobb-Hunter Coleman Cotty Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Kennedy Knotts Lee Lloyd Mack McCraw McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Phillips Rhoad Rivers Rutherford Scarborough Scott Sheheen Sinclair Smith, F.N. Smith, G.M. Smith, J.E. Stuart Talley Weeks Whatley Whipper Wilder
So, the motion to reconsider was agreed to.
Rep. CAMPSEN spoke in favor of the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. J. E. SMITH moved to table the amendment.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bales Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Coates Cobb-Hunter Coleman Cotty Emory Freeman Gourdine
Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Kennedy Knotts Lee Lloyd Mack McCraw McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Phillips Rhoad Rivers Rutherford Scarborough Scott Sheheen Sinclair Smith, F.N. Smith, J.E. Snow Stuart Talley Taylor Weeks Whatley Whipper Wilder
Those who voted in the negative are:
Altman Barfield Barrett Campsen Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Keegan Kelley Kirsh Koon Law Leach Limehouse Loftis Lucas Martin McGee Meacham-Richardson Merrill Perry Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
So, the amendment was tabled.
Rep. HINSON moved to table the motion.
Rep. HOWARD moved that the House do now adjourn.
Rep. HARRISON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Battle Cobb-Hunter Hines, J. Howard Mack Neal, J.H. Parks Scott
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Bingham Bowers Brown, R. Campsen Carnell Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Harrell Harrison Harvin Haskins Hinson Hosey Huggins Keegan Kelley Kennedy Kirsh Knotts Koon Law Leach Lee Limehouse Loftis Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Moody-Lawrence Ott Owens Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen
Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Witherspoon Young, J.
So, the House refused to adjourn.
The question then recurred to the motion to table the motion to recommit the Bill.
Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bales Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Carnell Clyburn Coates Cobb-Hunter Coleman Cotty Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Kennedy Knotts Lee Lloyd Mack McCraw McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Phillips Rhoad Rivers Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Snow Talley Weeks Whatley Whipper Wilder
Allison Altman Barfield Barrett Campsen Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Keegan Kelley Kirsh Koon Law Leach Limehouse Loftis Lucas Martin McGee Meacham-Richardson Merrill Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the motion.
Rep. RUTHERFORD raised the Point of Order that the motion to recommit the Bill after cloture had been invoked was out of order.
Rep. FLEMING stated that there were no rules against recommitting a Bill once cloture had been invoked.
Rep. EASTERDAY stated that in accordance with Section 351 of Mason's Manual when the previous question is ordered, the presiding officer should immediately put the question upon which it was ordered to vote until all the questions affected have been disposed of, or there has been an affirmative vote on a pending motion to lay on the table, to postpone definitely or indefinitely, or to refer to committee.
Rep. MEACHAM-RICHARDSON stated that under House Rule 4.8, any Bill, which may come before the House can be committed or recommitted before a final decision thereon.
The question then recurred to the motion to recommit the Bill.
Rep. HINSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Campsen Carnell Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Loftis Lucas Martin McGee Meacham-Richardson Merrill Perry Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley
White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Battle Bingham Bowers Brown, G. Brown, J. Brown, R. Clyburn Coates Cobb-Hunter Coleman Cotty Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Mack McCraw McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Phillips Rivers Rutherford Scott Sheheen Smith, J.E. Snow Weeks Whipper
So, the Bill was recommitted.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
The Senate returned to the House with amendments the following:
H. 3805 (Word version) -- Rep. J. Young: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER SO AS TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS IN THAT PORTION OF THE SANTEE RIVER
Rep. J. YOUNG explained the Senate amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 3894 (Word version) -- Reps. Koon and Frye: A CONCURRENT RESOLUTION TO COMMEND JACK A. CUNNINGHAM, OF GILBERT HIGH SCHOOL IN LEXINGTON COUNTY, SOUTH CAROLINA, ON HIS THIRTY-PLUS YEARS OF BEING AN AGRICULTURAL EDUCATOR AND HONOR HIM UPON HIS RETIREMENT AT THE CLOSE OF THE 2000-2001 SCHOOL YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3895 (Word version) -- Reps. McGee, Harrison, Jennings and Klauber: A BILL TO AMEND SECTION 30-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES FOR COPYING THOSE RECORDS, SO AS TO PROVIDE THAT THE CHARGE MADE BY A PUBLIC BODY FOR COPIES OF PUBLIC RECORDS MAY NOT EXCEED CERTAIN SPECIFIED AMOUNTS.
Referred to Committee on Judiciary
H. 3897 (Word version) -- Reps. McGee, Harrison, Jennings and Klauber: A BILL TO AMEND SECTION 30-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT NO CHANCE MEETING, SOCIAL MEETING, OR ELECTRONIC COMMUNICATION, INCLUDING COMMUNICATIONS THROUGH THE INTERNET, MAY BE USED TO DISCUSS, AS WELL AS ACT UPON, A MATTER OVER WHICH THE PUBLIC BODY HAS JURISDICTION.
Referred to Committee on Judiciary
H. 3898 (Word version) -- Reps. Harrison, Jennings and McGee: A BILL TO AMEND CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, ALE, PORTER, AND WINE BY ADDING SECTION 61-4-1115, SO AS TO PROVIDE THAT FOR PURPOSES OF ARTICLE 1, CHAPTER 4, TITLE 61, WHEN A REGISTERED PRODUCER IS AN IMPORTER OF BEER PRODUCED BY A BREWER LOCATED OUTSIDE OF THE UNITED STATES, THE IMPORTER IS DEEMED THE AGENT OF THE FOREIGN BREWER AND ANY AGREEMENT SUBJECT TO THE PROVISIONS OF THIS ARTICLE BETWEEN A WHOLESALER AND THE IMPORTER IS BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER.
Referred to Committee on Judiciary
H. 3900 (Word version) -- Reps. Vaughn, Kirsh, J. R. Smith, Koon, Dantzler, Davenport, Edge, Harvin, Keegan and Rivers: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO INCLUDE AN EXEMPTION FOR MEALS OR FOODSTUFFS THAT ARE PREPARED OR PACKAGED THAT ARE SOLD TO PUBLIC OR NONPROFIT ORGANIZATIONS FOR CONGREGATE OR IN-HOME SERVICE TO THE HOMELESS OR NEEDY OR DISABLED ADULTS OVER EIGHTEEN YEARS OF AGE OR INDIVIDUALS OVER THE AGE OF SIXTY AND TO APPLY THIS EXEMPTION ONLY TO MEALS AND FOODSTUFFS ELIGIBLE FOR PURCHASE UNDER THE FEDERAL FOOD STAMP PROGRAM.
Referred to Committee on Ways and Means
H. 3901 (Word version) -- Rep. Rice: A BILL TO AMEND SECTIONS 40-37-200 AND 40-38-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE SCOPE OF PRACTICE OF OPTOMETRISTS AND OPTICIANS, SO AS TO AUTHORIZE CONTACT LENS REFILLS TO BE PROVIDED TO PATIENTS WHEN THE OPTOMETRIST OR OPTICIAN IS ABSENT IF THE
H. 3902 (Word version) -- Reps. Loftis, Allison, Altman, Barfield, Barrett, Bowers, Carnell, Cato, Davenport, Delleney, Easterday, Fleming, Hamilton, Hinson, Keegan, Koon, Leach, Littlejohn, Merrill, Miller, Rice, Robinson, Simrill, Sinclair, F. N. Smith, Snow, Stille, Trotter, Walker and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-285 SO AS TO PROVIDE TEACHERS CONSISTENT WITH THE LOCAL BOARD POLICY HAVE THE AUTHORITY TO MANAGE THEIR CLASSROOMS, DISCIPLINE STUDENTS, AND REFER STUDENTS TO THE PRINCIPAL IN ORDER TO MAINTAIN DISCIPLINE IN THE CLASSROOM, TO PROVIDE THAT A TEACHER SHALL FILE A REPORT WITH THE PRINCIPAL CONCERNING STUDENTS WHO EXHIBIT BEHAVIOR WHICH SUBSTANTIALLY INTERFERES WITH THE TEACHER'S ABILITY TO TEACH OR WITH THE ABILITY OF THE STUDENT'S CLASSMATES TO LEARN, AND TO PROVIDE FOR THE MANNER IN WHICH THE PRINCIPAL SHALL DEAL WITH THIS REPORT; AND BY ADDING SECTION 59-63-295 SO AS TO PROVIDE THAT A TEACHER MAY OBJECT TO A DISRUPTIVE STUDENT RETURNING TO THE CLASSROOM IF A REPORT REFERENCED ABOVE PREVIOUSLY HAS BEEN FILED WITH THE PRINCIPAL, AND TO PROVIDE FOR FURTHER PROCEDURES TO BE FOLLOWED AND SANCTIONS WHICH MAY BE IMPOSED AGAINST SUCH A STUDENT.
Referred to Committee on Education and Public Works
Rep. J. YOUNG moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
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.
At 12:50 p.m. the House, in accordance with the motion of Rep. R. BROWN, adjourned in memory of Reverend Joseph L. Wright, to meet at 10:00 a.m. tomorrow.
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