Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, St. Luke tells it in simple words, Chapter 24:5:

"The women were terrified and bowed their faces to the ground, but the men said to them, 'Why do you look for the living among the dead?... Remember'!"
Let us pray.

Father, with sad and disturbing tidings coming from the Holy Land and the whole wide world, what a time to hear a word about a change and a new dimension of life, called the Resurrection-of-the-dead!

Help us to believe that the Lord of our faith is alive forevermore!

Help us, when we are perplexed and doubtful about many things, to hear Him call our names as He said, "Mary"... "remember!"
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following appointments were transmitted by the Honorable James H. Hodges:

Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2002, and to expire October 18, 2006

At-Large

Rochelle R. Brown, 1817 Hampton Street, Columbia, S.C. 29201 VICE Ann S. Timberlake

Referred to the Committee on Judiciary.

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Jaqueline M. Pope, P. O. Box 66, Kershaw, S.C. 29067

The Honorable Glenn F. McConnell
President Pro Tempore
101 Gressette Building
Columbia, South Carolina

Dear Senator McConnell:

I would like to ask you to notify the members of the South Carolina Senate of my decision to retire effective April 2, 2002, as the Assistant Sergeant-at-Arms. This decision, while difficult to make, has not been done in haste or lightly. I ask that you express to the members of the South Carolina Senate my deepest gratitude for having afforded me the opportunity to work for this institution.

Sincerely,
/s/ Roger W. Beaver
Assistant Sergeant-at-Arms

Senator J. VERNE SMITH introduced Dr. Theodore Watson of Greenville, S.C., Doctor of the Day.

The following were introduced:

S. 1173 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE SOUTH CAROLINA AGRICULTURAL LIMING MATERIALS ACT, SO AS TO INCLUDE A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO THE REGISTRATION OF COMMERCIAL FERTILIZER COMPANIES, SO AS TO REQUIRE A FERTILIZER DISTRIBUTOR TO OBTAIN A PERMIT

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1174 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 46-25-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION TAX ON COMMERCIAL FERTILIZER PAID TO THE STATE TREASURER, SO AS TO HAVE THE TAX PAID TO THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON UNIVERSITY, INSTEAD OF THE TREASURER AND TO REPEAL SECTION 59-119-130 RELATING TO THE PRIVILEGE TAX ON FERTILIZER PAID TO THE STATE TREASURER, SUBJECT TO THE ORDER OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY.
l:\council\bills\pt\1863dw02.doc

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1175 (Word version) -- Senators Jackson, Glover and Ford: A BILL TO AMEND SECTION 20-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED DELAYS BEFORE A REFERENCE MAY BE MADE AND THE FINAL DECREE GRANTED IN A DIVORCE ACTION, SO AS TO MAKE THESE DELAYS INAPPLICABLE TO AN ACTION FOR DIVORCE IN WHICH PHYSICAL CRUELTY IS ALLEGED AS A GROUNDS FOR DIVORCE AND TO FURTHER REQUIRE AN ACTION FOR DIVORCE IN WHICH PHYSICAL CRUELTY IS ALLEGED AS A GROUNDS FOR DIVORCE TO BE HEARD WITHIN ONE HUNDRED TWENTY DAYS AFTER FILING; AND TO AMEND SECTION 20-3-90, RELATING TO THE REQUIREMENT TO ATTEMPT RECONCILIATION IN DIVORCE ACTIONS, SO AS TO MAKE THIS PROVISION INAPPLICABLE TO AN ACTION FOR DIVORCE IN WHICH PHYSICAL CRUELTY IS ALLEGED AS A GROUNDS FOR DIVORCE.

Senator JACKSON spoke on the Bill.

Read the first time and referred to the Committee on Judiciary.

S. 1176 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-135 SO AS TO PROVIDE THAT A RESIDENTIAL BUILDER OR RESIDENTIAL SPECIALTY CONTRACTOR WHO UNDERTAKES OR ATTEMPTS TO UNDERTAKE THE BUSINESS OF RESIDENTIAL BUILDING OR RESIDENTIAL SPECIALTY CONTRACTING WITHOUT FIRST HAVING PROCURED CERTAIN REQUIRED LICENSES OR BONDS IS DEEMED TO HAVE A FIDUCIARY RELATIONSHIP WITH A PROPERTY OWNER FROM WHOM THE RESIDENTIAL BUILDER OR RESIDENTIAL SPECIALTY CONTRACTOR ACCEPTS MONEY OR OTHER CONSIDERATION FOR THE PURPOSE OF DOING A RESIDENTIAL BUILDING OR RESIDENTIAL SPECIALTY CONTRACTING JOB, AND TO PROVIDE FOR LEGAL INFERENCES THAT MAY BE DRAWN FOR THE MISUSE OR LACK OF ACCOUNTING FOR THESE MONIES.
l:\council\bills\nbd\11491sd02.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1177 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2687, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\11483ac02.doc

Read the first time and ordered placed on the Calendar without reference.

S. 1178 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL-FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT

Read the first time and ordered placed on the Calendar without reference.

Senator RYBERG from the Committee on Transportation polled out H. 4432 favorable:

H. 4432 (Word version) -- Reps. Owens, A. Young, Altman, Meacham-Richardson, Coates and Campsen: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 95 SO AS TO PROVIDE FOR THE ISSUANCE OF "GOD BLESS AMERICA" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.

Ryberg                    Ravenel                   Grooms
Richardson                Land                      Verdin
Short                     Leventis                  Leatherman
McGill                    Rankin                    Ritchie
Bauer                     Hawkins                   Pinckney

Drummond

Ordered for consideration tomorrow.

The following Joint Resolution was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4644 (Word version) -- Reps. Carnell, Klauber and Parks: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE DAYS MISSED IN THE 2001-2002 SCHOOL YEAR BY THE STUDENTS OF A SCHOOL IN GREENWOOD COUNTY SCHOOL DISTRICT 51 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

By prior motion of Senator DRUMMOND, with unanimous consent

The following Bill and Joint Resolutions were read the third time and ordered sent to the House of Representatives:

S. 977 (Word version) -- Senators Giese, J. Verne Smith, Land, Short, Drummond, Fair, Mescher, Leatherman, Verdin, Ritchie and Branton: A BILL TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE "ATTENDANT CARE SERVICES" AND "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40-33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES WHICH ENABLE A PERSON TO REMAIN AT HOME RATHER THAN IN AN INSTITUTION AND WHICH INCLUDES HOMEMAKER AND COMPANION SERVICES AND CERTAIN HEALTH MAINTENANCE ACTIVITIES.

S. 986 (Word version) -- Senators Leatherman, Hayes, Drummond, Moore, Peeler, Glover, Courson, Land, Mescher and Alexander: A JOINT RESOLUTION TO CREATE A BIRTH DEFECTS SURVEILLANCE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS PURPOSE, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.

S. 1168 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO NINE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF LAND ACQUISITION AND CONSTRUCTION COSTS FOR OFFICE EXPANSION AS DETERMINED BY THE DEMAND FOR SERVICES AND BY THE APPLICABLE FEDERAL REGULATIONS AND GUIDELINES.

The following Joint Resolution, having been read the second time, was ordered placed on the third reading Calendar:

H. 4593 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR PERMITTING BODY PIERCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2623, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 145 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 61-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF AN OPEN CONTAINER OF BEER OR WINE IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A PASSENGER

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator ELLIOTT proposed the following amendment (145R001.DE), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 1 by striking lines 34 through 38 and inserting therein the following:

/   transporting of beer or wine in a closed container, does not apply to a passenger twenty-one years of age or older in a moving limousine, chartered bus, or recreation vehicle who is not in the driving compartment or portion of the vehicle which is accessible to the driver while operating the vehicle, and this section does not apply to vehicles /

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 3623 (Word version) -- Reps. Allison, Townsend and Robinson: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

On motion of Senator GIESE, with unanimous consent, the amendment proposed by the Committee on Education bearing Doc. No. (SETZLER3623) was withdrawn and the amendment proposed by the Committee on Education bearing Doc. No. (3623R001.NGS) was substituted and adopted as follows:

Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting in lieu thereof:

/   SECTION   1.   Section 59-63-280 of the 1976 Code, as added by Act 24 of 1991, is amended to read:

"Section 59-63-280.   (A)   For purposes of this section, `paging device' means a telecommunications, to include mobile telephones, device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor.

(B)   A student under the age of eighteen in the public schools may not possess a paging device while on school property or while attending a school sponsored or school related activity on or off school property, unless the student needs the paging device for a legitimate medical reason. A student eighteen years of age and over in the public schools may not possess a paging device while on school property or while attending a school sponsored or school related activity on or off school property, unless the student is an active member of a volunteer firefighting organization or a volunteer emergency medical service organization or unless the student needs the paging device for a legitimate medical reason. The principal of each school may decide what constitutes a legitimate medical reason consistent with any guidelines as may be established by the school board of that district or by the State Department of Education. The principal of each school must secure and retain documented evidence of a student's legitimate medical need or his membership in a volunteer firefighting or emergency medical service organization before that student may have a paging device at school if authorized by this section.

(C)   The board of trustees of each school district shall include adopt a policy that addresses student possession of paging devices as defined in subsection (A). This policy must be included in the district's written student conduct standards. If the policy includes confiscation of a

(D)   A person who discovers a student in possession of a paging device in violation of this section shall report the violation to the appropriate school administrator, as determined by school policy, who shall order a peace officer or appropriate school employee to confiscate the device, which is forfeited to the school district."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 4840 (Word version) -- Reps. Harvin, J. Young, Bales, Clyburn, M. Hines, Hosey, Keegan, Kennedy, Miller, Snow and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE REPUBLIC OF CHINA (TAIWAN) SHOULD BE PERMITTED TO PARTICIPATE IN A MEANINGFUL AND APPROPRIATE WAY IN THE WORLD HEALTH ORGANIZATION.

The Concurrent Resolution was adopted, ordered returned to the House.

S. 244 (Word version) -- Senators Ritchie, Richardson and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-55 SO AS TO PROVIDE THAT 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 LAW

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (GJK\21091SD02), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 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 academic excellence. Further, it is not the intent of the General Assembly to create a segregated school system but to continue to promote educational improvement and excellence in South Carolina.

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

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

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

(B)   A charter school shall must:

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

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

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

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

(5)   in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall hire in its discretion hire noncertified teachers in a ratio of up to ten percent of its entire teacher staff. However, in either a new or converted charter school, 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 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. A charter school advisory board shall be established by the State Board of Education to review charter school applications for compliance with established standards that reflect the requirements and intent of this chapter. The members shall serve terms to be set by the state board.

(1)   The advisory board shall consist of thirteen members as follows:

(a)   South Carolina Association of Public Charter Schools - the president or his designee and one additional representative from the association;

(b)   South Carolina Association of School Administrators - the executive director or his designee;

(c)   South Carolina Chamber of Commerce - the executive director or his designee and one additional representative from the chamber;

(d)   South Carolina Education Oversight Committee - the chair or a business designee and one education designee;

(e)   South Carolina Parent Teacher Association - the president or his designee;

(f)   South Carolina School Boards Association - the executive director or his designee; and

(g)   South Carolina Alliance of Black Educators - the president or his designee and one additional representative of the alliance; and

(h)   Palmetto State Teachers' Association and South Carolina Education Association - one representatiave from each association.

(2)   As an application is reviewed, a representative of the affected school district and a representative of the charter committee shall serve on the advisory board as ex officio nonvoting members.

(3)   An applicant shall submit the application to the advisory board and a copy to the affected school district. The advisory board shall receive input from the school district and shall request clarifying information from the applicant. Within sixty days, the advisory board shall determine whether the application is in compliance. An application that is in compliance must be forwarded to the school district with a letter stating the application is in compliance. If the application is in noncompliance, it must be returned to the applicant with deficiencies noted. The applicant may appeal the decision to the State Board of Education.

(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 thirty days after receiving the application. If there is no ruling within ninety thirty days, the application is considered approved.

(C)   A local school board of trustees shall only deny an application 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 standards related to provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shall be sent to the charter committee and filed with the State Board of Education and the Charter School Advisory Board.

(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

(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 conditionally shall authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.

Section 59-40-90.   (A)   The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.

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

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

(1)   within as contained in this section. 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, or 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. These instructions shall 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

(D)   A final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.

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

(B)   A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before

(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

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

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

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

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

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

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

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

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

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

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

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

(F)   The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts gift or donation shall be a requirement required for admission. However, no gift, donation, or

(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.

(K)   During the first year of a charter school's operation and upon verification by the State Department of Education that the school is receiving funding consistent with this chapter, the school district shall receive through a state reserve fund as established by the General Assembly an amount equivalent to one hundred percent of the state allocation for the students enrolled in the charter school that were enrolled in other public schools of that district on the one hundred thirty-fifth day of the previous school year. The reserve fund shall be available only when the charter school is not initiated or operated by the district.

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) according to the terms of the charter after in-district children have been given priority in enrollment. However, the out-of-district enrollment

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

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

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

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

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

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

(D)   An impact study shall be conducted by the state board two years after the implementation of the Charter School Advisory Board review process to determine the effectiveness of the application process.

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 and develop guidelines necessary to implement the provisions of this chapter, including standards which the Charter School Advisory Committee shall use to determine compliance with this chapter and an application process to include a timeline for submission of applications that will allow for final decisions, including state board appeal, by December first of the year preceding the charter school's opening.

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

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

On motion of Senator HUTTO, the Bill was carried over, as amended.

S. 391 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND TITLE 40, CHAPTER 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSES, BY ADDING ARTICLE 15 SO AS TO ENACT THE "REGISTERED NURSE FIRST ASSISTANTS ACT" WHICH REQUIRES HEALTH CARE FACILITIES TO ESTABLISH PROCEDURES FOR THE APPOINTMENT OF REGISTERED NURSE FIRST ASSISTANTS (RNFA) AND FOR GRANTING THESE ASSISTANTS CLINICAL PRIVILEGES; AND TO PROVIDE THAT, WHEN HEALTH INSURANCE POLICIES, HEALTH CARE SERVICES PLANS, AND OTHER CONTRACTS PAY FOR SURGICAL FIRST ASSISTING SERVICES, THEY MUST PAY FOR A RNFA WHO PERFORMS SUCH SERVICES.

On motion of Senator FAIR, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W.D. Smith, Thompson, Trotter, White, A. Young, Campsen, Bingham, Altman and Edge: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator HUTTO spoke on the Bill.

Senator HUTTO proposed the following Amendment No. 1 (HUTTO-3289):

Amend the bill, as and if amended, page 1, SECTION 1, by deleting (C) in its entirety.

Amend the bill further, as and if amended, page 2, by striking subsection (D) in its entirety and inserting the following:

/     (D) This section does not limit the authority of political subdivisions to establish wage rates in contracts to which they are a party.     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

On motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment.

Having received a favorable report from the Lancaster County Delegation, the following appointment was confirmed in open session:

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Jaqueline M. Pope, P. O. Box 66, Kershaw, S.C. 29067

On motion of Senator HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Brabham "B. N." Collins, Sr. of Orangeburg, S.C., a dedicated career officer in law enforcement. He was a loving husband and devoted father. He served with the Orangeburg Police Department, was a long-time notable Deputy Sheriff with the Orangeburg County Sheriff's Department, was an officer for the Orangeburg County Family Court and was administrative assistant with the Department of Corrections.

At 12:46 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 2:00 P.M.

This web page was last updated on Thursday, June 25, 2009 at 1:12 P.M.