Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Proverbs 4:23: "Above all else, guard your heart, for it is the wellspring of life."
Let us pray. Almighty, all wise God, creator of every second, minute, hour; companion in every circumstance. Guide us through every moment of this week. Be with us in the routine of our daily work. Raise us to new heights to do Your work in this sacred place. Look in favor upon our Nation, President, State and her leaders. Protect our defenders of freedom and keep them safe. In Your Holy 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 Friday, the SPEAKER ordered it confirmed.
Rep. PERRY moved that when the House adjourns, it adjourn in memory of former Representative Edward C. Cushman, Jr., of Aiken, which was agreed to.
The following was received:
Columbia, S.C., February 24, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 380, H. 5136 by a vote of 46 to 0.
R. 380, H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW
Very respectfully,
President
Received as information.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3653 (Word version) -- Reps. J. H. Neal, Whipper, Anderson, Branham, J. Brown, Cobb-Hunter, M. Hines, Hosey, Lee, Mack, Parks, Rutherford and Weeks: A BILL TO AMEND SECTION 11-35-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURETY BONDING REQUIREMENTS FOR BIDDERS ON A PUBLIC PROCUREMENT CONTRACT, SO AS TO DEFINE "HISTORICALLY UNDERUTILIZED BUSINESS", TO PROVIDE THAT THE GENERAL SERVICES DIVISION OF THE STATE BUDGET AND CONTROL BOARD ESTABLISH A PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO A HUB SEEKING A SURETY BOND, AND TO PROVIDE THAT THE DIVISION MAY CONTRACT FOR THE IMPLEMENTATION OF THE PROGRAM.
Referred to Committee on Judiciary
H. 3654 (Word version) -- Reps. J. H. Neal, Whipper, Anderson, J. Brown, Hosey, Lee, Mack, Parks and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 3, TITLE 24 SO AS TO ENACT THE DEATH PENALTY MORATORIUM ACT, CREATE THE COMMISSION ON THE DEATH PENALTY, PROVIDE FOR ITS MEMBERS, THEIR APPOINTMENT, POWERS AND DUTIES, AND PROVIDE THAT THE STATE SHALL NOT CARRY OUT A SENTENCE OF DEATH IMPOSED UNDER STATE LAW UNTIL THE GENERAL ASSEMBLY CONSIDERS THE FINAL FINDINGS AND RECOMMENDATIONS OF THE COMMISSION ON THE DEATH PENALTY IN THE REPORT SUBMITTED UNDER THIS
H. 3655 (Word version) -- Reps. J. H. Neal, Whipper, Anderson, Branham, J. Brown, Cobb-Hunter, M. Hines, Hosey, Lee, Mack, Parks and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 23 SO AS TO DEFINE MINORITY GROUP, PROVIDE FOR THE COLLECTION AND COMPILATION OF CERTAIN INFORMATION GATHERED BY A LAW ENFORCEMENT OFFICER TO DETERMINE WHETHER TRAFFIC AND PEDESTRIAN STOPS HE MAKES ARE RACE-BASED, TO PROVIDE THAT EACH LAW ENFORCEMENT AGENCY SHALL ADOPT A POLICY TO DISCOURAGE RACE-BASED TRAFFIC AND PEDESTRIAN STOPS, TO PROVIDE THAT THE GOVERNOR MAY WITHHOLD STATE FUNDS FROM A LAW ENFORCEMENT AGENCY WHICH FAILS TO COMPLY WITH THE PROVISIONS CONTAINED IN THIS CHAPTER, TO ALLOW A LAW ENFORCEMENT AGENCY TO USE CERTAIN FEDERAL FUNDS TO EQUIP ITS VEHICLES WITH VIDEO EQUIPMENT TO RECORD TRAFFIC AND PEDESTRIAN STOPS, AND TO ALLOW LOCAL GOVERNMENTS TO ESTABLISH CIVILIAN REVIEW BOARDS OR USE EXISTING REVIEW BOARDS TO INVESTIGATE ALLEGATIONS OF MISCONDUCT BY LOCAL LAW ENFORCEMENT OFFICERS.
Referred to Committee on Judiciary
H. 3656 (Word version) -- Reps. J. H. Neal, Whipper, Anderson, J. Brown, Cobb-Hunter, M. Hines, Hosey, Lee, Mack and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ENACT THE "SOUTH CAROLINA CLEAN ELECTIONS ACT", TO PROVIDE A PROCEDURE BY WHICH CERTAIN CANDIDATES FOR OFFICE WHO AGREE TO LIMITATIONS ON CONTRIBUTIONS TO RECEIVE A PREDETERMINED AMOUNT OF PUBLIC FUNDS FOR CAMPAIGNS AND TO REQUIRE ELECTRONIC
H. 3657 (Word version) -- Reps. J. H. Neal, Whipper, Anderson, Branham, J. Brown, Cobb-Hunter, M. Hines, Hosey, Lee, Mack, Parks and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 23 SO AS TO ENACT THE "INNOCENCE PROTECTION ACT" AND TO PROVIDE THAT A PERSON IN CUSTODY AFTER CONVICTION MAY APPLY TO THE COURT FOR CERTAIN FORENSIC DNA TESTING, TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF A COURT UPON RECEIPT OF AN APPLICATION FOR DNA TESTING, AND TO PROVIDE FOR PRESERVATION OF BIOLOGICAL MATERIAL SECURED IN CONNECTION WITH A CRIMINAL CASE FOR SO LONG AS THE MATERIAL MAY HAVE PROBATIVE VALUE AS EVIDENCE.
Referred to Committee on Judiciary
H. 3658 (Word version) -- Reps. J. H. Neal, Whipper, Anderson, J. Brown, Cobb-Hunter, M. Hines, Hosey, Lee, Mack, Parks and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-220 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A SELF-SUFFICIENCY STANDARD FOR USE BY STATE AGENCIES TO ASSIST INDIVIDUALS IN ESTABLISHING PERSONAL FINANCIAL GOALS AND ESTIMATING THE AMOUNT OF INCOME NEEDED TO SUPPORT THEIR FAMILIES.
Referred to Committee on Ways and Means
H. 3659 (Word version) -- Reps. J. H. Neal, Whipper, Anderson, J. Brown, Cobb-Hunter, M. Hines, Hosey, Mack, Parks and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 4 TO ARTICLE 5, CHAPTER 35, TITLE 11 SO AS TO ENACT THE SOUTH CAROLINA LIVING WAGE ACT, PROVIDE THAT A STATE CONTRACT FOR SERVICES MUST REQUIRE STATE CONTRACTORS TO PAY AN HOURLY WAGE RATE THAT IS AT LEAST THE LIVING WAGE, PROVIDE FOR THE AMOUNT OF THE INITIAL LIVING WAGE WITH AND WITHOUT INSURANCE BENEFITS, PROVIDE FOR
H. 3660 (Word version) -- Reps. J. H. Neal, Whipper, Anderson, J. Brown, Clyburn, Cobb-Hunter, Hosey, Lee, Mack, Martin, Parks and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 35, TITLE 41 SO AS TO PROVIDE FOR AN ALTERNATIVE BASE PERIOD FOR CERTAIN CLAIMANTS OF BENEFITS UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, TO DEFINE "ALTERNATIVE BASE PERIOD", AND TO FURTHER PROVIDE THAT, WHEN CERTAIN INFORMATION IS NOT AVAILABLE, THE COMMISSION MAY BASE THE DETERMINATION FOR ELIGIBILITY FOR UNEMPLOYMENT INSURANCE BENEFITS ON THE AFFIDAVIT OF A CLAIMANT WITH RESPECT TO WEEKS AND WAGES FOR CERTAIN CALENDAR QUARTERS.
Referred to Committee on Labor, Commerce and Industry
H. 3661 (Word version) -- Reps. J. H. Neal, Whipper, Anderson, J. Brown, Cobb-Hunter, M. Hines, Hosey, Lee, Mack, Parks and Rutherford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF SUFFRAGE, BY ADDING SECTION 12 SO AS TO AUTHORIZE A PROCEDURE BY WHICH A CANDIDATE FOR ELECTIVE OFFICE MAY FINANCE HIS CAMPAIGN WITH PUBLIC FUNDS AS THE GENERAL ASSEMBLY MAY DETERMINE.
Referred to Committee on Judiciary
H. 3662 (Word version) -- Reps. J. H. Neal, Whipper, Hosey, Anderson, Branham, J. Brown, Cobb-Hunter, M. Hines, Howard, Lee, Mack, Martin, Parks and Rutherford: A BILL TO AMEND SECTION 40-22-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ENGINEERS AND LAND SURVEYORS, SO AS TO DELETE THE DEFINITION OF "ASSOCIATE PROFESSIONAL ENGINEER", DEFINE "NCEES EXAMINATION", AND AMEND THE DEFINITION OF "PROFESSIONAL ENGINEER"; AND TO AMEND SECTION 40-
H. 3663 (Word version) -- Reps. J. H. Neal, Weeks, Whipper, Anderson, Branham, J. Brown, Cobb-Hunter, M. Hines, Hosey, Lee, Mack, Parks and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-1780 SO AS TO ENACT THE "MICROENTERPRISE DEVELOPMENT ACT" AND TO PROVIDE THAT THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ESTABLISH A MATCHING GRANT PROGRAM TO OFFER TECHNICAL ASSISTANCE AND CAPACITY BUILDING TO ORGANIZATIONS QUALIFIED TO PROVIDE SERVICES TO LOW-INCOME MICROENTERPRISES, TO DEFINE TERMS, TO ESTABLISH GUIDELINES FOR AVAILABILITY OF GRANTS AND FOR ELIGIBILITY OF RECIPIENTS, AND TO AUTHORIZE THE DEPARTMENT OF COMMERCE TO PROMULGATE NECESSARY REGULATIONS.
Referred to Committee on Ways and Means
H. 3664 (Word version) -- Reps. Walker, Anthony, Bailey, Ceips, Dantzler, Davenport, Delleney, Harrison, Herbkersman, Hinson, Littlejohn, Mahaffey, Townsend, Coates, McGee, G. Brown, Pinson, Cato, Rhoad, Sinclair and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 36, TITLE 12, SO AS TO IMPOSE AN ADDITIONAL STATE SALES, USE, AND CASUAL EXCISE TAX EQUAL TO TWO AND ONE-HALF PERCENT OF GROSS PROCEEDS OF SALES OR SALES PRICE, AND TO PROVIDE THAT THIS ADDITIONAL TWO AND ONE-HALF PERCENT TAX DOES NOT APPLY TO THE TAX ON ACCOMMODATIONS; BY AMENDING SECTION 11-11-150, AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT REVENUES FROM THE TRUST FUND FOR TAX RELIEF
H. 3665 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BILL OF RIGHTS DAY" BY ADDING SECTION 53-3-166 SO TO ESTABLISH DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT EMPHASIZES THE DOCUMENT'S MEANING AND IMPORTANCE.
On motion of Rep. ALTMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3666 (Word version) -- Reps. Dantzler and Frye: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INOCULATING PETS AGAINST RABIES, SO AS TO PROVIDE THAT THESE INOCULATIONS MUST BE ADMINISTERED BY A LICENSED VETERINARIAN OR SOMEONE UNDER THE DIRECT SUPERVISION OF A LICENSED VETERINARIAN.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3668 (Word version) -- Reps. J. Brown, Hosey, Parks, Anthony, Davenport, Lee and Moody-Lawrence: A BILL TO AMEND SECTION 1-30-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN BOARDS, COMMISSIONS, AND COMMITTEES BEING A PART OF THE OFFICE OF THE GOVERNOR, SO AS TO DELETE THE DIVISION OF VETERANS AFFAIRS AS A DIVISION OF THE GOVERNOR'S OFFICE; TO AMEND CHAPTER 11, TITLE 25, AS AMENDED, RELATING TO THE DIVISION OF VETERANS AFFAIRS IN THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL BECOME A SEPARATE AND AUTONOMOUS DEPARTMENT OF STATE GOVERNMENT WITH A GOVERNING BOARD TO CONSIST OF NINE PERSONS AND A DEPARTMENT DIRECTOR APPOINTED BY THE BOARD; AND TO AMEND SECTION 25-21-20, RELATING TO THE VETERANS TRUST FUND OF SOUTH CAROLINA AND SECTION 44-11-30, RELATING TO THE ESTABLISHMENT OF VETERANS HOMES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS IN ORDER TO REFLECT THE ABOVE PROVISIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Battle Bingham Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Cooper Dantzler Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Limehouse Littlejohn Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, March 1.
Dwight Loftis Daniel Tripp Brenda Lee Becky Martin Jerry Govan James Harrison William Bowers Ralph Davenport Grady Brown Fletcher Smith James E. Smith William Clyburn Bill Cotty Leon Howard Denny Neilson
The SPEAKER granted Rep. LLOYD a leave of absence for the week.
The SPEAKER granted Rep. STEWART a leave of absence due to business reasons.
The SPEAKER granted Rep. LEACH a leave of absence.
The SPEAKER granted Rep. COATES a leave of absence due to business reasons.
The SPEAKER granted Rep. HARVIN a leave of absence for the week due to illness.
Announcement was made that Dr. Conyers O. Bryan of Florence is the Doctor of the Day for the General Assembly.
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,
Bill Number: H. 3225 (Word version)
Date: ADD:
03/01/05 HUGGINS
Bill Number: H. 3133 (Word version)
Date: ADD:
03/01/05 MAHAFFEY
Bill Number: H. 3133 (Word version)
Date: ADD:
03/01/05 WILKINS
Bill Number: H. 3155 (Word version)
Date: ADD:
03/01/05 TALLEY
Bill Number: H. 3213 (Word version)
Date: ADD:
03/01/05 MAHAFFEY
Bill Number: H. 3642 (Word version)
Date: ADD:
03/01/05 CEIPS
Bill Number: H. 3264 (Word version)
Date: ADD:
03/01/05 WALKER
Bill Number: H. 3305 (Word version)
Date: ADD:
03/01/05 WALKER
Bill Number: H. 3305 (Word version)
Date: ADD:
03/01/05 DUNCAN
Bill Number: H. 3225 (Word version)
Date: ADD:
03/01/05 TRIPP
Bill Number: H. 3225 (Word version)
Date: ADD:
03/01/05 J. R. SMITH
Bill Number: H. 3225 (Word version)
Date: ADD:
03/01/05 VAUGHN
Bill Number: H. 3225 (Word version)
Date: ADD:
03/01/05 G. R. SMITH
Bill Number: H. 3225 (Word version)
Date: ADD:
03/01/05 HASKINS
Bill Number: H. 3225 (Word version)
Date: ADD:
03/01/05 CATO
Bill Number: H. 3155 (Word version)
Date: ADD:
03/01/05 G. R. SMITH
Bill Number: H. 3626 (Word version)
Date: REMOVE:
03/01/05 TAYLOR
Bill Number: H. 3626 (Word version)
Date: REMOVE:
03/01/05 BALES
Bill Number: H. 3381 (Word version)
Date: REMOVE:
03/01/05 CEIPS
Today, many of the people of District 72 in the Rosewood and Edisto Court communities celebrated an event of historic proportions. Today was the groundbreaking for the Hope VI renewal and revitalization of the former Hendley Homes site. As the Representative for the neighborhood and having advocated and sought State support for the endeavor, I was participating in the celebration and groundbreaking and as a consequence was a few minutes late for legislative session today.
Rep. James E. Smith, Jr.
The following Bill was taken up:
H. 3581 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.
Rep. BREELAND moved to table the Bill, which was rejected by a division vote of 3 to 8.
The Bill was read second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 3133 (Word version) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E. H. Pitts, Rice, Clark, Walker, Toole, Viers, M. A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT MARRIAGE IS EXCLUSIVELY DEFINED AS THE UNION BETWEEN ONE MAN AND ONE WOMAN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article XVII of the Constitution of this State be amended by adding:
"Section 15. Marriage in the State of South Carolina, and its political subdivisions, is exclusively defined as a union between one man and one woman; all other attempted or putative unions, including those recognized by other jurisdictions, are void abinitio."
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article XVII, of the Constitution of this State, be amended by adding Section 15 so as to provide that in this State, and its political subdivisions, marriage is defined as a union between one man and one woman and that all other attempted unions, including those recognized by other jurisdictions are void?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. DELLENEY explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Branham J. Brown Cato Ceips Chalk Chellis Clark Coleman Cooper Dantzler Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley
Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kirsh Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill J. M. Neal Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Cobb-Hunter Lee Rutherford
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
Please be advised that I missed a vote today, March 1, 2005, on Joint Resolution, H. 3133. I missed the vote on the Joint Resolution due to my involvement at the time with a constituent on the telephone outside the Chamber. I am rather distressed that my distraction prevented me from establishing, on the record, my whole-hearted support for this constitutional amendment. Please publish this note in
Rep. Alan Clemmons
The following Bill was taken up:
H. 3155 (Word version) -- Reps. Townsend, Wilkins, Walker, Littlejohn, Battle, Clark, Cobb-Hunter, Simrill, Sandifer, Haley, Brady, Hagood, Talley and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT WHICH PROVIDES FOR THE DEVELOPMENT OF A CURRICULUM ORGANIZED AROUND A CAREER CLUSTER SYSTEM THAT MUST PROVIDE STUDENTS WITH BOTH STRONG ACADEMICS AND REAL-WORLD PROBLEM-SOLVING SKILLS; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO FURTHER PROVIDE FOR THE TRAITS WHICH MUST BE INCORPORATED INTO SCHOOL BOARD POLICIES ADDRESSING CHARACTER EDUCATION; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3200SJ05):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-59-10. This chapter may be cited as the 'South Carolina Education and Economic Development Act'.
Section 59-59-20. (A) The Department of Education shall develop a curriculum, aligned with state content standards, organized around a career cluster system that must provide students with both
(B) School districts must lay the foundation for the clusters of study system in elementary school by providing career awareness activities. In the middle grades programs must allow students to identify career interests and abilities and align them with clusters of study for the development of individual graduation plans. Finally, high school students must be provided guidance and curricula that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to relevant employment, further training, or postsecondary study.
Section 59-59-30. There is created within the Department of Education, the Education and Economic Development Project Office to oversee the implementation of this chapter. This chapter must be fully implemented by July 1, 2012, at which time the project office and the council created pursuant to Section 59-59-170 are abolished.
Section 59-59-40. (A) During the 2005-06 school year, the department, in conjunction with selected school districts and schools, shall conduct a pilot project implementing the clusters of study system.
(B) During the 2005-06 school year the department shall conduct a pilot project implementing its Career Guidance Model of the Comprehensive Developmental Guidance and Counseling Program Model in the elementary and middle schools that feed into a high school in which a pilot project for the clusters of study model is being conducted.
(C) The State Department of Education must report annually by December first, to the Governor, the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee on the progress and effectiveness of the implementation of this chapter and its ability to provide a better prepared workforce and student success in postsecondary education.
Section 59-59-50. (A) Before July 1, 2006, the Department of Education shall develop state models and prototypes for individual graduation plans and the curriculum framework for career clusters of
( 1) agriculture, food, and natural resources;
( 2) architecture and construction;
( 3) arts, audio-video technology, and communications;
( 4) business, management, and administration;
( 5) education and training;
( 6) finance;
( 7) health science;
( 8) hospitality and tourism;
( 9) human services;
(10) information technology;
(11) law, public safety, and security;
(12) manufacturing;
(13) government and public administration;
(14) marketing, sales, and service;
(15) science, technology, engineering, and mathematics;
(16) transportation, distribution, and logistics.
Section 59-59-60. Before July 1, 2007, school districts shall:
(1) organize high school curricula around a minimum of three clusters of study and cluster majors. The curricula must be designed to provide a well-rounded education for students by fostering artistic creativity, critical thinking, and self-discipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life;
(2) promote increased awareness and career counseling by providing access to the South Carolina Occupational Information System for all schools. However, if a school chooses another occupational information system, that system must be approved by the State Department of Education.
Section 59-59-70. Beginning with the 2006-07 school year, the department, in collaboration with the Commission on Higher Education and the state's higher education institutions, shall implement a career development plan for educational professionals in career guidance that provides awareness, training, release time, and preparatory instruction. The plan must include strategies for certified school guidance counselors to effectively involve parents, guardians, or individuals appointed by the parent or guardian to serve as their designee in the career guidance process and in the development of the individual graduation plans of their children. The plan also must include
Section 59-59-80. During the 2006-07 school year career awareness and exploration activities must be integrated in the curricula for students in the first through fifth grades.
Section 59-59-90. Beginning with the 2006-07 school year, counseling and career awareness programs on clusters of study must be provided to students in the sixth, seventh, and eighth grades, and they must receive career interest inventories and information to assist them in the career decision-making process. Before the end of the second semester of the eighth grade, eighth grade students in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee shall select a preferred cluster of study and develop an individual graduation plan, as provided for in Section 59-59-140.
Section 59-59-100. (A) By the 2009-10 school year, middle and high schools shall provide students with the services of a career specialist who has obtained a bachelor's degree and who has successfully completed the national Career Development Facilitator (CDF) certification training or certified guidance counselor having completed the Career Development Facilitator certification training. This career specialist shall work under the supervision of a certified guidance counselor. Districts shall report to the project office annually their progress toward meeting the requirements of this section. By 2011, middle and high schools shall have a student to guidance personnel ratio of three hundred to one. Guidance personnel include certified guidance counselors and career specialists.
(B) Career specialists currently employed by the sixteen tech prep consortia and their performance responsibilities related to the delivery of tech prep or school-to-work activities must be supervised by the State Department of Education's Office of Career and Technology Education in conjunction with the immediate site supervisor of the tech prep consortia.
Section 59-59-105. An individual employed by school districts to provide career services pursuant to Section 59-59-100 shall work to ensure the coordination, accountability, and delivery of career awareness, development, and exploration to students in kindergarten through twelfth grade. To ensure the implementation and delivery of this chapter, this individual shall:
(1) coordinate and present professional development workshops in career development and guidance for teachers, school counselors, and work-based constituents;
(2) assist schools in promoting the goals of quality career development of students in kindergarten through twelfth grade;
(3) assist school counselors and students in identifying and accessing career information and resource material;
(4) provide educators, parents, and students with information on career and technology education programs offered in the district;
(5) support students in the exploration of career clusters and the selection of an area of academic focus within a cluster of study;
(6) learn and become familiar with ways to improve and promote career development opportunities within the district;
(7) attend continuing education programs on the certified career development facilitator curriculum sponsored by the State;
(8) assist with the selection, administration, and evaluation of career interest inventories;
(9) assist with the implementation of the district's student career plan or individual graduation plan;
(10) assist schools in planning and developing parent information on career development;
(11) coordinate with school counselors and administration career events, career classes, and career programming;
(12) coordinate community resources and citizens representing diverse occupations in career development activities for parents and students; and
(13) assist with the usage of computer assisted career guidance systems.
Section 59-59-110. Beginning with the 2008-09 school year and at least annually after that, certified school guidance counselors and career specialists, under their supervision, shall counsel students during the ninth and tenth grades to further define their career cluster goals and individual graduation plans, and before the end of the second semester of the tenth grade, tenth grade students shall have declared an area of academic focus within a cluster of study. Throughout high school, students must be provided guidance activities and career awareness programs that combine counseling on career options and experiential learning with academic planning to assist students in fulfilling their individual graduation plans.
Section 59-59-120. By the 2009-10 school year, each high school shall implement the principles of the 'High Schools that Work'
Section 59-59-130. Before July 1, 2010, the State Board of Education shall revise high school graduation requirements to fit the career cluster system and shall include a variety of courses in core subjects so that individual student needs may be addressed.
Section 59-59-140. An individual graduation plan is a student specific educational plan detailing the courses necessary for the student to prepare for graduation and to successfully transition into the workforce or postsecondary education. An individual graduation plan must:
(1) align career goals and a student's course of study;
(2) be based on the student's selected cluster of study and an academic focus within that cluster;
(3) include core academic subjects, which must include, but are not limited to, English, math, science, and social studies;
(4) include experience-based, career-oriented learning experiences including, but not limited to, internships, apprenticeships, mentoring, co-op education, and service learning;
(5) be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and admission to postsecondary education;
(6) be incorporated in Individual Education Plans; and
(7) be approved by a certified school guidance counselor and the student's parents, guardians, or individuals appointed by the parents or guardians to serve as their designee.
Section 59-59-150. By July 2007, the State Board of Education shall promulgate regulations outlining specific objective criteria for districts to use in the identification of students at risk for being poorly prepared for the next level of study or for dropping out of school. The criteria must include diagnostic assessments to identify strengths and weaknesses in the core academic areas. The process for identifying these students must be closely monitored by the State Department of Education in collaboration with school districts to ensure that students are being properly identified and provided timely, appropriate guidance and assistance and to ensure that no group is disproportionately represented. The regulations also must include evidence-based model
Section 59-59-160. Parental participation is an integral component of the clusters of study system. Beginning with students in the sixth grade and continuing through high school, schools must schedule annual parent counseling conferences to assist parents, guardians, or individuals appointed by the parents or guardians and their children in making career choices and creating individual graduation plans. These conferences must include, but are not limited to, assisting the student in identifying career interests and goals, selecting a cluster of study and an academic focus, and developing an individual graduation plan.
Section 59-59-170. (A) There is created the Education and Economic Development Coordinating Council to implement the statewide performance, accountability, and enforcement requirements of this chapter. The council is comprised of the following members representing the geographic regions of the State and must be representative of the ethnic, gender, rural, and urban diversity of the State:
( 1) State Superintendent of Education;
( 2) Executive Director of the South Carolina Employment Security Commission;
( 3) Executive Director of the State Board for Technical and Comprehensive Education;
( 4) Secretary of the Department of Commerce;
( 5) Executive Director of the South Carolina Chamber of Commerce;
( 6) Executive Director of the South Carolina Commission on Higher Education;
( 7) members appointed by the State Superintendent of Education as follows:
(a) a school district superintendent;
(b) a school principal;
(c) a school guidance counselor;
(d) a teacher;
(e) the director of a career and technology center;
( 8) members appointed by the chair of the Commission on Higher Education as follows:
(a) the president or provost of a research university;
(b) the president or provost of a four-year college or university;
(c) the president of a technical college;
( 9) the Governor shall appoint ten representatives of business and industry, five of whom must be recommended by state-wide organizations representing business and industry, and shall select a chair from all of the members appointed from business and industry;
(10) Chairman of the Education Oversight Committee or his designee;
(11) a member from the House of Representatives appointed by the Speaker of the House, and a member from the Senate appointed by the President Pro Tempore.
Initial appointments must be made by October 1, 2005, at which time the Governor shall call the first meeting.
(B) The council shall:
(1) advise the Education and Economic Development Project Office on the implementation of this chapter;
(2) establish accountability and performance measures for implementation of this chapter;
(3) review school report cards required by the Education Accountability Act, and other compliance reports required of schools and school districts;
(4) advise schools and school districts through the project office, institutions of higher education through the Commission on Higher Education, and other state agencies through their governing boards on appropriate and effective measures to ensure implementation of this chapter;
(5) designate and oversee the regional educational service centers established pursuant to Section 59-59-180;
(6) make recommendations to the project office for the development and implementation of a communication and marketing plan to promote statewide awareness of the provisions of this chapter;
(7) make recommendations to the State Board of Education and other appropriate governing boards for the promulgation of regulations to carry out the provisions of this chapter including, but not
(C) The council shall report annually to the Governor, the General Assembly, the State Board of Education and other appropriate governing boards on the progress, results, and compliance with the provisions of this chapter.
(D) The Department of Education shall provide administrative support and staffing to the council to carry out its responsibilities under this chapter.
Section 59-59-180. (A) Before July 1, 2006, the Education and Economic Development Council shall designate regional education centers to coordinate and facilitate the delivery of information, resources, and services to students, educators, employers, and the community.
(B) The primary responsibilities of these centers are to:
(1) provide services to students and adults for career planning, employment seeking, training, and other support functions;
(2) provide information, resources, and professional development programs to educators;
(3) provide resources to school districts for compliance and accountability under the provisions of this chapter;
(4) provide information and resources to employers including, but not limited to, education partnerships, career-oriented learning, and training services;
(5) facilitate local connections among businesses and those involved in education;
(6) work with school districts and institutions of higher education to create and coordinate workforce education programs.
(C)(1) By the 2006-07 school year, each regional education center must have career development facilitators who shall coordinate career-oriented learning, career development, and postsecondary transitions for the schools in their respective regions.
(2) A career development facilitator must be certified and recognized by the National Career Development Association.
(D) The Education and Economic Development Coordinating Council, in consultation with the Department of Education, shall provide oversight to the regional centers, and the centers shall provide data and reports that the council may request.
Section 59-59-190. (A) The South Carolina Employment Security Commission, in collaboration with the State Board for Technical and Comprehensive Education and the Commission on Higher Education,
(1) identifying potential employers to participate in the career-oriented learning programs;
(2) serving as a contact point for employees seeking career information and training;
(3) providing labor market information including, but not limited to, supply and demand;
(4) promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System;
(5) collaborating with local agencies and businesses to stimulate funds; and
(6) cooperating in the creation and coordination of workforce education programs.
(B) The South Carolina Employment Security Commission shall assist in providing a link between employers in South Carolina and youth seeking employment.
Section 59-59-200. Beginning with the 2006-07 academic year, colleges of education shall include in their training of teachers, guidance counselors, and administrators the following: career guidance, the use of the cluster of study curriculum framework and individual graduation plans, learning styles, the elements of the Career Guidance Model of the South Carolina Comprehensive Guidance and Counseling Program Model, contextual teaching, cooperative learning, and character education. The State Board of Education shall develop performance-based standards in these areas and include them as criteria for teacher program approval. By the 2009-10 school year, the teacher evaluation system established in Chapter 26, Title 59, and the principal's evaluation system established in Section 59-24-40 must include a review of performance in career exploration and guidance. The department also shall develop programs to train educators in contextual teaching.
Section 59-59-210. (A) By September 2006, the Commission on Higher Education shall convene the Advisory Committee on Academic Programs to address articulation agreements between school districts and public institutions of higher education in South Carolina to provide seamless pathways for adequately prepared students to move from high school directly into institutions of higher education. The committee
(B) By July 2007, the Advisory Committee on Academic Programs shall make recommendations to the Commission on Higher Education regarding coursework acceptable statewide for dual enrollment to be accepted in transfer within a related course of study. Dual enrollment college courses offered to high school students by two-year and four-year colleges and universities must be equivalent in content and rigor to the equivalent college courses offered to college students and taught by appropriate credentialed faculty. Related policies and procedures established by the Commission on Higher Education for dual enrollment and guidelines for offering dual enrollment coursework and articulation to two and four-year colleges and universities for awarding of credit must be followed.
(C) The advisory committee shall coordinate work to study the content and rigor of high school courses in order to provide a seamless pathway to postsecondary education.
(D) The Commission on Higher Education shall report annually to the Education and Economic Development Coordinating Council regarding the committee's progress.
Section 59-59-220. With the implementation of the clusters of study system, appropriate resources and instructional materials, aligned with the state's content standards, must be developed or adopted by the State Department of Education and made available to districts.
Section 59-59-230. The State Board of Education, in collaboration with the Education and Economic Development Council, shall promulgate regulations necessary to carry out the provisions of this chapter.
Section 59-59-240. The requirements of this chapter do not apply to private schools or to home schools.
Section 59-59-250. The implementation of this chapter is contingent upon the appropriation of adequate funding as documented
"(B) Each local school board of trustees of the State must develop a policy addressing character education. Any character education program implemented by a district as a result of an adopted policy must, to the extent possible, incorporate character traits including, but not limited to, the following: respect for authority and respect for others, honesty, duty, self-control, cleanliness, courtesy, good manners, cooperation, commitment to others, citizenship, patriotism, courage, fairness, kindness, self-respect, compassion, diligence, good work ethics, sound educational habits, generosity, punctuality, cheerfulness, patience, sportsmanship, loyalty, and virtue. Local school boards must include all sectors of the community, as referenced in subsection (A)(4), in the development of a policy and in the development of any program implemented as a result of the policy. As part of any policy and program developed by the local school board, an evaluation component must be included."
SECTION 3. Section 59-18-900(D) of the 1976 Code is amended to read:
"(D) The report card must include a comprehensive set of performance indicators with information on comparisons, trends, needs, and performance over time which is helpful to parents and the public in evaluating the school. Special efforts are to be made to ensure that the information contained in the report cards is provided in an easily understood manner and a reader friendly format. This information should also provide a context for the performance of the school. Where appropriate, the data should yield disaggregated results to schools and districts in planning for improvement. The report card should include information in such areas as programs and curriculum, school leadership, community and parent support, faculty qualifications, evaluations of the school by parents, teachers, and students. In addition, the report card must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary climate, dropout ratios, dropout reduction data, student and teacher ratios, and attendance data."
SECTION 4. Act 450 of 1994 and Section 59-52-95 of the 1976 Code are repealed.
Rep. WALKER explained the amendment.
Reps. LOFTIS, TRIPP, HAMILTON, VIERS, FUNDERBURK, DAVENPORT, HAYES, HOSEY, WHITE, TOWNSEND, MERRILL, HINSON, WALKER, J. BROWN, MAHAFFEY, DUNCAN and SCOTT requested debate on the Bill.
The following Bill was taken up:
S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. V. Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF
Reps. THOMPSON, RICE, TALLEY, J. BROWN, VICK, HOSEY, MERRILL, OWENS, G. R. SMITH, DAVENPORT, MOODY-LAWRENCE, KIRSH, BAILEY, R. BROWN and VAUGHN requested debate on the Bill.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 3607 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT ATTENDANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
The following Bill was taken up:
H. 3108 (Word version) -- Reps. M. A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT.
(D) Each Medical Disciplinary Commission panel from a congressional district hearing and investigating complaints against a particular physician or physicians must contain at least one lay member of the commission. /
Renumber sections to conform.
Amend title to conform.
Rep. PARKS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3084 (Word version) -- Reps. Sinclair, McLeod and Cato: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3170DW05), which was adopted:
"Section 14-23-1040. (A) No A person is not eligible to hold the office of judge of probate who is not unless the person at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge;
(4) has obtained a four-year bachelor's degree from an accredited post-secondary institution or, if he has no degree, has four years' experience as a full-time probate judge, deputy probate judge, or associate probate judge in a probate judge's office in this State; and
(5) has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.
(B) The provisions of this section do not apply to a person holding the office of probate judge, deputy probate judge, or associate probate judge as of July 1, 2005, during the person's tenure in office. Tenure in office continues at the expiration of a term if the person is elected in a consecutive election. However, if a person qualified for the office of probate judge pursuant to the provisions of this section has a break in service for a term or a portion of a term before seeking reelection, the person must satisfy the applicable requirements of this section at the time of filing for reelection." /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3669 (Word version) -- Reps. Taylor, Duncan, M. A. Pitts, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE MR. HERBERT C. ADAMS FOR HIS SERVICE AND CONTRIBUTIONS ON THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES, AND TO CONGRATULATE HIM AS HE ASSUMES THE POSITION AS CHAIRMAN OF THE BOARD OF TRUSTEES.
The Resolution was adopted.
On motion of Rep. HAGOOD, with unanimous consent, the following was taken up for immediate consideration:
H. 3670 (Word version) -- Reps. Hagood, Limehouse and Merrill: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WANDO HIGH SCHOOL "LADY WARRIORS" GIRLS
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Wando High School "Lady Warriors" Girls Tennis Team of Berkley County, Head Coach Rebecca Williamson, and other school officials at a time and date to be determined by the Speaker, for the purpose of congratulating and honoring the team for their Class AAAA State Championship.
The Resolution was adopted.
The following was introduced:
H. 3671 (Word version) -- Reps. Hagood, Limehouse and Merrill: A CONCURRENT RESOLUTION CONGRATULATING THE WANDO HIGH SCHOOL "LADY WARRIORS" GIRLS TENNIS TEAM OF BERKLEY COUNTY ON THEIR 2004 STATE AAAA CHAMPIONSHIP, AND HONORING THE TEAM MEMBERS AND COACH REBECCA WILLIAMSON ON THEIR EXCEPTIONAL SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3672 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 38-43-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF A PRODUCER'S LICENSE AND THE LAPSING OF A LICENSE ON RENEWAL FOR NONPAYMENT OF A FEE, SO AS TO CHANGE THE PROCEDURE FOR REINSTATING A LICENSE FOR
H. 3673 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; BY ADDING SECTION 59-101-430 SO AS TO AUTHORIZE THE GOVERNING BODY OF A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING TO ENTER INTO GROUND LEASE OR LEASE-PURCHASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH MUST BE DETERMINED BY THE GOVERNING BODY, AND TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO THE AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF THE AGREEMENT; BY ADDING SECTION 59-101-440 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER LEARNING MAY EMPLOY INSIDE OR OUTSIDE COUNSEL TO ADVISE IT OR REPRESENT IT IN ANY MATTER EXCEPT A
H. 3674 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-275 SO AS TO AUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY TO ISSUE LICENSES BY CREDENTIALS TO PRACTICE DENTISTRY AND TO ESTABLISH THE CRITERIA FOR OBTAINING SUCH LICENSURE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3675 (Word version) -- Reps. Dantzler and Clemmons: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR THE LICENSING OF PROMOTERS OF RECREATIONAL VEHICLE SHOWS WHOSE PURPOSE IS THE SALE OF NEW RECREATIONAL VEHICLES, MANUFACTURES OF RECREATIONAL VEHICLES WHO MAY DISPLAY AND SELL THE VEHICLES IN PROMOTIONAL AREAS, AND RECREATIONAL VEHICLE DEALERS WHO ARE ALLOWED TO TRANSPORT NEW VEHICLES INTO AN AREA OF PROMOTION FOR THE PURPOSE OF DISPLAY AND SALE.
Referred to Committee on Education and Public Works
H. 3676 (Word version) -- Reps. Merrill, Edge, Hinson, Rutherford, Battle, Bingham, Cato, Ceips, Chellis, Coleman, Duncan, Herbkersman, Huggins, McCraw, E. H. Pitts, Rice, Scott and Thompson: A BILL TO
H. 3677 (Word version) -- Rep. Davenport: 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 ELIMINATE THE EXEMPTION FOR RELIGIOUS BOOKSTORE SALES.
Referred to Committee on Ways and Means
H. 3678 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-3-250 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF AGRICULTURE THE STATE NUTRITION ASSISTANCE PROGRAM (SNAP) FOR THE PURPOSE OF PROVIDING FUNDS TO SOUTH CAROLINA FOOD BANKS IN ORDER TO SUPPLEMENT BY PURCHASE THE DONATED FOOD DISTRIBUTED BY THESE FOOD BANKS AND PROVIDE FOR THE DISTRIBUTION AND USES OF FUNDS APPROPRIATED FOR THE SNAP PROGRAM.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3679 (Word version) -- Reps. Cobb-Hunter, J. H. Neal, J. E. Smith, McLeod, Weeks, G. Brown, Ott and Parks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SYSTEM OF FREE PUBLIC SCHOOLS IN THIS STATE, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE MANNER IN WHICH EACH PUBLIC SCHOOL DISTRICT IS ADEQUATELY AND EQUITABLY FUNDED.
Referred to Committee on Ways and Means
H. 3681 (Word version) -- Reps. Weeks, G. Brown, J. H. Neal and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-75 SO AS TO ALLOW THE UNIVERSITY OF SOUTH CAROLINA-SUMTER TO OFFER FOUR-YEAR DEGREES CONTINGENT ON FUNDING; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE THE DEFINITION OF "PROJECT" TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA-SUMTER FOR THE PURPOSE OF IMPLEMENTATION OF ITS FOUR-YEAR DEGREES.
Referred to Committee on Education and Public Works
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3020 (Word version) -- Reps. Govan, Clyburn, Clark, E. H. Pitts, Toole, Haley, Ballentine, McLeod, Mack, Breeland, M. Hines, Anderson, Hosey, Parks, Pinson, Jefferson, Walker, Sinclair, Hamilton, G. R. Smith, Mahaffey, McGee, D. C. Smith, Anthony, Phillips, Rhoad, Funderburk and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO
Rep. WALKER explained the Bill.
Rep. LUCAS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3534 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend and Witherspoon: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 4, 2005, AS THE TIME THE SENATE AND HOUSE OF REPRESENTATIVES SHALL MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PRESENTATION OF THE 2005 ELIZABETH O'NEILL VERNER AWARDS.
H. 3639 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Rhoad, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF CHESTER A. RAY, SR. WHOSE PROFESSIONAL LEGACY TO
At 12:55 p.m. the House, in accordance with the motion of Rep. PERRY, adjourned in memory of former Representative Edward C. Cushman, Jr. of Aiken, to meet at 10:00 a.m. tomorrow.
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