Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 82:9: "Rise up, O God, judge the earth; for all the nations belong to You."
Let us pray. Rise up, O God, and lead Your people in the work set aside for them in this place. Direct them to work for justice and peace in the world. Keep our minds and hearts focused on what are the important things of life. Energize us to do Your will. Provide healing and comfort to our Members and their loved ones. Guide our leaders of Nation and State. Bless and keep safe our defenders of freedom. In Your Holy Name we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. E. H. PITTS moved that when the House adjourns, it adjourn in memory of Amber Sanders of Lexington, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 2955
Agency: Department of Public Safety
Statutory Authority: 1976 Code Sections 23-6-20 and 56-10-640
Motorist Insurance Identification Database Regulations (Repeal)
Received by Speaker of the House of Representatives
February 8, 2005
Referred to Education and Public Works Committee
Legislative Review Expiration June 8, 2005
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Young, Sandifer, E. H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE PROVISIONS OF THE CHAPTER; TO AMEND SECTION 15-3-640, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO SIX YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE A PROCEDURE FOR ADMINISTERING SANCTIONS FOR A VIOLATION, AND TO PROVIDE FOR THE REPORTING OF AN ATTORNEY TO THE COMMISSION ON LAWYER CONDUCT; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO ALLOW THE COURT TO CHANGE THE PLACE OF TRIAL WHEN THE CONVENIENCE OF WITNESSES AND THE ENDS OF JUSTICE WOULD BE PROMOTED BY THE CHANGE; TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50 ALL RELATING TO FRIVOLOUS LAWSUITS, AND SECTION 58-23-90 RELATING TO VENUE IN ACTIONS AGAINST LICENSED MOTOR CARRIERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3157 (Word version) -- Reps. Harrell, Chellis, Barfield, Wilkins, G. R. Smith, Leach, Kirsh, Bailey, Battle, Rice, Hinson, Clark, Walker, Cobb-Hunter and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LIMITATIONS ON A LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE FOR A REFERENCE TO THE LOAN CALL AGREEMENT AND TO DISALLOW A LOAN THAT RESULTS IN OBLIGATIONS THAT EXCEED TEN TIMES THE GREATER OF THE NET WORTH OF THE CORPORATION OR THE AMOUNT PAID IN ON OUTSTANDING CAPITAL STOCK; AND TO AMEND SECTION 33-37-465, RELATING TO A SHORT-TERM LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE THAT THE LIMITATIONS AND RESTRICTIONS DO NOT APPLY TO A SHORT-TERM LOAN.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3246 (Word version) -- Reps. Duncan, Taylor and M. A. Pitts: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AS A BIRD SANCTUARY THE GROUNDS OF THE PRESBYTERIAN HOME OF SOUTH CAROLINA LOCATED ON HIGHWAY 56 IN THE TOWN OF CLINTON IN LAURENS COUNTY.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3275 (Word version) -- Reps. Duncan and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-1215 SO AS TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO A CRIMINAL OFFENSE RESULTING FROM THE SHOOTING OF ANY BOVINE OR EQUINE ANIMAL SHALL ALSO HAVE HIS HUNTING PRIVILEGES SUSPENDED FOR A PERIOD OF TWO YEARS, AND TO PROVIDE THAT BEFORE THE SUSPENSION PERIOD MAY BE LIFTED, THE OFFENDER SUCCESSFULLY SHALL COMPLETE A HUNTER EDUCATION CLASS OR COURSE APPROVED BY THE DEPARTMENT EDUCATING THE OFFENDER ON THE PROPER USE OF WEAPONS, GAME IDENTIFICATION, AND SAFETY.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3372 (Word version) -- Reps. Rhoad, Whipper, Bowers, E. H. Pitts, Vick, Phillips, Witherspoon, Tripp, Anderson, Anthony, Barfield, Branham, Breeland, G. Brown, R. Brown, Dantzler, Frye, Hamilton, Hardwick, Haskins, Kirsh, Leach, McGee, Owens, Perry, Pinson, Rice, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Talley, Toole and Umphlett: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO FIVE IN ANY ONE DAY.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3355 (Word version) -- Reps. Duncan, Witherspoon, Frye, M. A. Pitts, G. R. Smith, McLeod and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; TO PROVIDE FOR ASSESSMENTS ON MILK PRODUCED IN THIS STATE TO PAY THE EXPENSES OF THE BOARD; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER; AND TO REPEAL THE PROVISIONS OF THIS CHAPTER ON JULY 1, 2012.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3490 (Word version) -- Reps. Duncan and Cato: A BILL TO AMEND SECTION 34-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICABILITY OF LICENSURE REQUIREMENTS FOR A CHECK-CASHING SERVICE, SO AS TO EXEMPT A PERSON WHO, INCIDENTALLY TO OR INDEPENDENTLY OF THE OPERATION OF A BONA FIDE RETAIL BUSINESS, FROM TIME TO TIME CASHES A CHECK, DRAFT, OR MONEY ORDER, SO AS TO PROVIDE THAT THE FEE CHARGED MUST NOT EXCEED THE STATUTORY FEE SCHEDULE.
Referred to Committee on Labor, Commerce and Industry
H. 3491 (Word version) -- Reps. Cato, E. H. Pitts and Tripp: A BILL TO AMEND CHAPTER 47, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE ADJUSTERS, SO AS TO CHANGE THE CRITERIA FOR LICENSING ADJUSTERS, REQUIRE ADDITIONAL INFORMATION BEFORE A LICENSE IS ISSUED, PROVIDE FOR THE FEE AND DURATION OF THE LICENSE, REQUIRE CONTINUING EDUCATION REQUIREMENT FOR ADJUSTERS, PROVIDE FOR THE PROBATION, REVOCATION, OR SUSPENSION OF AN ADJUSTERS LICENSE, AND PROVIDE FOR PENALTIES FOR VIOLATIONS OF REGULATIONS PROMULGATED PURSUANT TO THE PROVISIONS OF TITLE 38 OR LAWS IN TITLE 38 AFFECTING ADJUSTERS.
Referred to Committee on Labor, Commerce and Industry
H. 3492 (Word version) -- Reps. Young and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-80, SO AS TO PROHIBIT A NONJUDICIAL CANDIDATE OR A PERSON HOLDING AN OFFICE ELECTED BY THE GENERAL ASSEMBLY FROM ATTEMPTING TO INFLUENCE THE OUTCOME OF AN ELECTION OF ANOTHER CANDIDATE FOR OFFICE ELECTED BY THE GENERAL ASSEMBLY, EXCEPT HIS OWN ELECTION, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary
H. 3493 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO CERTAIN MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS CONTAINED IN THIS DRIVER'S LICENSE MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT IF THE RESTRICTED LICENSEE PROVES THAT THE RESTRICTION INTERFERES WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND RELIGIOUS SPONSORED EVENTS.
Referred to Committee on Education and Public Works
H. 3494 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER, OR PRINCIPAL, SO AS TO INCLUDE DIRECT OR INDIRECT THREATS.
Referred to Committee on Judiciary
H. 3495 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTION PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES; AND TO REPEAL SECTION 7-11-25 RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL OR ADVISORY PRIMARIES.
Referred to Committee on Judiciary
H. 3496 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-735 SO AS TO EXEMPT A BUSINESS WHOSE PRIMARY PURPOSE IS THE LAUNDERING OF MATERIAL WHICH CONTAINS RADIOACTIVE MATERIALS AND IS REGULATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO THE PROVISIONS OF REGULATION 61-63 (RADIOACTIVE MATERIALS).
Referred to Committee on Ways and Means
H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G. R. Smith, J. R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J. E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
Referred to Committee on Education and Public Works
H. 3500 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-180 SO AS TO PROVIDE A PROCEDURE FOR REQUIRING COMPLIANCE OF A SUBCONTRACTOR REGARDING STATE UNEMPLOYMENT INSURANCE LIABILITY.
Referred to Committee on Labor, Commerce and Industry
S. 23 (Word version) -- Senators Short, Moore, Elliott, Ryberg, Ritchie, Verdin, Bryant, Ford, Leatherman, Leventis and Knotts: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION AUTHORIZING THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL COMMEMORATIVE "BREAST CANCER AWARENESS" MOTOR VEHICLE LICENSE PLATE, TO REQUIRE A FEE OF THIRTY-FIVE DOLLARS ABOVE THAT REQUIRED FOR A STANDARD LICENSE PLATE AND TO REQUIRE THOSE FUNDS BE USED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXPAND SERVICES PROVIDED BY THE BEST CHANCE NETWORK.
Referred to Committee on Education and Public Works
S. 102 (Word version) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin, Mescher, Ford, Leatherman, Leventis, Campsen and Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THIS SPECIAL LICENSE PLATE TO PURPLE HEART RECIPIENTS WHO OWN MOTORCYCLES.
Referred to Committee on Education and Public Works
S. 106 (Word version) -- Senators Ryberg, Leatherman, Land, Alexander, Cromer, Grooms, Hayes, Matthews, Mescher, Reese, Knotts, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT A PROVISION AFFECTING A MOTOR CARRIER TRANSPORTATION CONTRACT THAT INDEMNIFIES, DEFENDS, OR HOLDS HARMLESS THE CONTRACT'S PROMISEE FROM OR AGAINST LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE CONTRACT'S PROMISEE, OR ANY AGENTS, EMPLOYEES, SERVANTS, OR INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE CONTRACT'S PROMISEE IS UNENFORCEABLE, TO DEFINE THE TERM "MOTOR CARRIER TRANSPORTATION CONTRACT", AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT A PROVISION, CLAUSE, COVENANT, OR AGREEMENT WHERE THE MOTOR CARRIER INDEMNIFIES OR HOLDS HARMLESS THE CONTRACT'S PROMISEE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary
S. 113 (Word version) -- Senators Verdin, Knotts, Elliott and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 48 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
The following was introduced:
H. 3497 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Hardwick and Viers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE WHITE OAK SWAMP ALONG STATE ROAD 97 IN HORRY COUNTY THE "M. A. ARTIST MCCRACKEN BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "M. A. ARTIST MCCRACKEN BRIDGE."
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3498 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 11 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 9 THE "FIRST LIEUTENANT ANDREW C. SHIELDS MEMORIAL HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "FIRST LIEUTENANT ANDREW C. SHIELDS MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
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 Coates Cobb-Hunter Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers 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 Toole Townsend Tripp Umphlett Vaughn Vick Walker White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, February 9.
Creighton Coleman Michael Thompson Daniel Cooper Walton McLeod Olin Phillips Jackson "Seth" Whipper Thad Viers William Clyburn Bessie Moody-Lawrence David Weeks Alex Harvin Jerry Govan Mack Hines
Reps. FRYE, HARRELL, WHIPPER and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, February 8.
Announcement was made that Dr. William Hueston of Charleston is the Doctor of the Day for the General Assembly.
Rep. TALLEY and the Spartanburg Delegation presented to the House the South Carolina School for the Deaf and the Blind Football Team for their undefeated 2004 season, their coaches and other school officials.
Rep. TOWNSEND presented to the House the Belton-Honea Path High School "Bears" Football Team, the 2004 Class AAA Champions, their coach and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3086 (Word version)
Date: ADD:
02/09/05 BAILEY
Bill Number: H. 3086 (Word version)
Date: ADD:
02/09/05 EDGE
Bill Number: H. 3086 (Word version)
Date: ADD:
02/09/05 CLEMMONS
Bill Number: H. 3030 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3034 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3039 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3040 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3042 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3052 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3055 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3057 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3073 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3075 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3079 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3095 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3100 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3104 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3108 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3111 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3113 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3119 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3120 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3121 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3127 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3134 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3135 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3146 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3149 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3151 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3189 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3193 (Word version)
Date: ADD:
02/09/05 MILLER
Bill Number: H. 3193 (Word version)
Date: ADD:
02/09/05 ANDERSON
Bill Number: H. 3213 (Word version)
Date: ADD:
02/09/05 DELLENEY
Bill Number: H. 3249 (Word version)
Date: ADD:
02/09/05 MAHAFFEY
Bill Number: H. 3250 (Word version)
Date: ADD:
02/09/05 MAHAFFEY
Bill Number: H. 3272 (Word version)
Date: ADD:
02/09/05 WHIPPER
Bill Number: H. 3437 (Word version)
Date: ADD:
02/09/05 CEIPS
Bill Number: H. 3213 (Word version)
Date: ADD:
02/09/05 ALTMAN
Bill Number: H. 3338 (Word version)
Date: ADD:
02/09/05 COATES
Bill Number: H. 3338 (Word version)
Date: ADD:
02/09/05 MCGEE
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3460 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, AS AMENDED, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO CHANGE REFERENCES FROM DORCHESTER VOCATIONAL EDUCATION TO DORCHESTER COUNTY CAREER AND TECHNOLOGY CENTER AND TO UPDATE LANGUAGE, TO PROVIDE THAT THE TWO MEMBERS APPOINTED FROM THE SCHOOLS DISTRICTS MUST NOT BE VOTING MEMBERS BUT SHALL SERVE EX OFFICIO, AND TO PROVIDE THAT THE OPERATIONAL BUDGET MUST BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL.
H. 3130 (Word version) -- Reps. Scarborough, Harrell, Vaughn and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 18, TITLE 41, TO ENACT THE "SOUTH CAROLINA RIDER SAFETY ACT" SO AS TO REQUIRE RIDERS OF AMUSEMENT AND CARNIVAL DEVICES TO COMPLY WITH CERTAIN SAFETY REQUIREMENTS, TO REPORT INJURIES IN A TIMELY MANNER, TO REQUIRE OWNERS OF SUCH DEVICES TO POST SIGNS RELATING TO RIDER SAFETY, AND TO ESTABLISH A MISDEMEANOR FOR VIOLATIONS OF THIS ARTICLE; AND TO DESIGNATE SECTIONS 41-18-10 THROUGH 41-18-150 AS ARTICLE 1, CHAPTER 18, TITLE 41, AND TO NAME THAT ARTICLE "GENERAL PROVISIONS".
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 386 (Word version) -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ALLOWANCE FOR EACH MEAL THAT EACH MEMBER AND EMPLOYEE OF THE BOARD OF TRUSTEES SHALL RECEIVE FOR IN-STATE OR OUT-OF-STATE OVERNIGHT TRAVEL.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 306 (Word version) -- Senators Peeler, Short and Ford: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.
Rep. WHITMIRE moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted:
S. 223 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES WITH NO BOARD OF COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT FOR THE CITY OF WESTMINSTER, THE DUTIES OF THE BOARD OF COMMISSIONERS OF PUBLIC WORKS SHALL DEVOLVE UPON THE CITY COUNCIL ON JULY 1, 2005.
The motion period was dispensed with on motion of Rep. SINCLAIR.
Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, February 17, which was adopted:
H. 3009 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, Harrison, G. R. Smith, Davenport, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Brady, Hinson, Clark, Walker, Simrill, Toole, Chalk, Duncan, Bailey, Hagood, Chellis, Edge, Neilson, Frye and Hardwick: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2005" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE OFFICE OF STATE CHIEF INFORMATION OFFICER WITHIN THE BUDGET AND CONTROL BOARD TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DIVISION; TO CREATE A JOINT INFORMATION TECHNOLOGY REVIEW COMMITTEE, AN INFORMATION TECHNOLOGY BUSINESS CASE REVIEW PANEL, AND AN INFORMATION TECHNOLOGY ARCHITECTURE OVERSIGHT PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANELS; AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AND BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT; AND TO AMEND SECTIONS 1-10-10, AS AMENDED, 1-11-20, 1-11-55, 1-11-56, 1-11-57, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-185, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, AS AMENDED, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-20, 10-1-30, 10-1-40, 10-1-130; 10-1-190, AS AMENDED, CHAPTER 9 OF TITLE 10; 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820, 11-35-3830, 11-35-3840, 11-35-4020, ALL AS AMENDED, 44-53-530, 58-9-2540, 59-150-60, AND 59-150-390, ALL RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.
The SPEAKER granted Rep. CATO a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 3086 (Word version) -- Reps. J. R. Smith, Cotty, Chellis, Scarborough, Bales, Brady, Cato, Ceips, Clark, Hamilton, Harrell, Haskins, Leach, Neilson, Perry, D. C. Smith, G. R. Smith, Townsend, Tripp, Vaughn, Walker, Coates, Owens, E. H. Pitts, Littlejohn, Rice, Witherspoon, Hinson, Mahaffey, Duncan, Huggins, Frye, Toole, Hagood, Loftis, Talley, White, Thompson, Bailey, Edge and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTING RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT AND SPECIAL SCHOOLS INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2005.
Rep. COTTY proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10584MM05):
Amend the bill, as and if amended, by deleting SECTIONS 2 and 3 and inserting:
/ SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-155-10. This chapter may be cited as the 'S.M.A.R.T. (Streamlined Management and Accounting Resources for Teaching) Funding in Education Act'.
Section 59-155-20. (A) There is established a fund management and accounting program, called 'S.M.A.R.T. Funding in Education', that, beginning July 1, 2006, must consolidate all program funding to the state's school districts and special schools for enhanced flexibility in their operations of grades K-12.
(B)(1) S.M.A.R.T. funding must be expended by school districts in the following expenditure functions, subfunctions, and detail functions and in accordance with statutory and regulatory program requirements:
(a) instruction;
(i) face-to-face teaching;
(A) instructional teachers;
(B) substitutes;
(C) instructional paraprofessionals, teacher assistants, clerical -- salaries;
(ii) classroom materials;
(A) pupil-use technology and software;
(B) instructional materials, supplies, trips;
(b) instructional support;
(i) pupil support;
(A) guidance and counseling;
(B) library and media;
(C) extracurricular;
(D) student health and services;
(ii) teacher support;
(A) curriculum development;
(B) inservice and staff training;
(iii) program support;
(A) program development;
(B) therapists, psychologists, and evaluations;
(c) operations;
(i) noninstructional pupil services;
(A) transportation;
(B) food service;
(C) safety;
(ii) facilities - building upkeep, utilities, and maintenance;
(iii) business services;
(A) data processing;
(B) business operations;
(d) other commitments;
(i) debt service;
(ii) capital outlays - capital projects;
(iii) out-of-district obligations and contracts;
(A) parochial, private/charter school pass-throughs;
(B) retiree benefits and other;
(C) school management contracts;
(iv) legal obligations - litigation and settlements;
(v) undesignated reserve;
(e) leadership;
(i) school leadership;
(A) principals and assistant principals - salaries;
(B) office of the principal;
(ii) program management - deputies, senior administrators, research and program evaluators;
(iii) leadership services;
(A) superintendent and school board;
(B) legal.
(2) The State Department of Education shall:
(a) provide the Governor's Office and the General Assembly with a summarized report of district expenditures from the previous fiscal year by March 15 of the following year;
(b) maintain and keep the expenditure database current and provide the school districts with updates required to meet the reporting requirements; and
(c) provide the Governor's Office and the General Assembly with a report depicting the previously completed fiscal year's allocations to school districts by appropriation category by January 1.
(3) All school districts and special schools of this State may transfer up to twenty percent of funds between programs if the funds are used for direct classroom instruction. Grant funds must be used only for the purposes of the grant and are not considered S.M.A.R.T. funds that may be transferred among programs. Technical assistance funds allocated to an individual school may not be reduced or reallocated within the school district and must be expended by the receiving school only according to the guidelines governing the funds.
(C) A school district with fifty percent or more of its schools earning an unsatisfactory absolute rating may utilize the provisions of this chapter pursuant to the requirements for flexibility in Section 59-18-1120 of the Education Accountability Act.
Section 59-155-30. (A) The State Board of Education must promulgate regulations or publish guidelines necessary to effectuate the provisions of this chapter.
(B) The State Department of Education shall adopt and implement an accounting procedure between the department and each local school district for oversight and management of transfers made pursuant to this chapter. A local school district shall utilize, throughout the year, the uniform accounting procedure to facilitate timely and consistent reporting.
SECTION 3. Upon approval by the Governor, this act takes effect July 1, 2006./
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
Rep. COTTY continued speaking.
Rep. COTTY spoke in favor of the amendment.
Rep. COTTY moved to adjourn debate on the amendment, which was agreed to.
Rep. COTTY proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7184MM05), which was adopted:
Amend the bill, as and if amended, by deleting SECTIONS 2 and 3 and inserting:
/ SECTION 2. Chapter 20, Title 59 is amended by adding:
Section 59-20-90. Of the funds appropriated to the State Department of Education in the annual general appropriations bill, the monies must be allocated to the following categories:
(1) quality teaching;
(2) instruction;
(3) technical assistance;
(4) operations, infrastructure, and safety;
(5) workforce education; and
(6) special needs.
No later than January 1, the department must report to the General Assembly on the amounts allocated to each category and subcategory, and the appropriateness of those allocations.
SECTION 3. Title 59 of the 1976 Code is amended by adding:
Section 59-155-10. This chapter may be cited as the 'S.M.A.R.T. (Streamlined Management and Accounting Resources for Teaching) Funding in Education Act'.
Section 59-155-20. (A) There is established a fund management and accounting program, called 'S.M.A.R.T. Funding in Education', that, beginning July 1, 2006, must consolidate all program funding to the state's school districts and special schools for enhanced flexibility in their operations of grades K-12.
(B)(1) S.M.A.R.T. funding must be expended by school districts in the following expenditure functions, subfunctions, and detail functions and in accordance with statutory and regulatory program requirements:
(a) instruction;
(i) face-to-face teaching;
(A) instructional teachers;
(B) substitutes;
(C) instructional paraprofessionals, teacher assistants, clerical -- salaries;
(ii) classroom materials;
(A) pupil-use technology and software;
(B) instructional materials, supplies, trips;
(b) instructional support;
(i) pupil support;
(A) guidance and counseling;
(B) library and media;
(C) extracurricular;
(D) student health and services;
(ii) teacher support;
(A) curriculum development;
(B) inservice and staff training;
(iii) program support;
(A) program development;
(B) therapists, psychologists, and evaluations;
(c) operations;
(i) noninstructional pupil services;
(A) transportation;
(B) food service;
(C) safety;
(ii) facilities - building upkeep, utilities, and maintenance;
(iii) business services;
(A) data processing;
(B) business operations;
(d) other commitments;
(i) debt service;
(ii) capital outlays - capital projects;
(iii) out-of-district obligations and contracts;
(A) parochial, private/charter school pass-throughs;
(B) retiree benefits and other;
(C) school management contracts;
(iv) legal obligations - litigation and settlements;
(v) undesignated reserve;
(e) leadership;
(i) school leadership;
(A) principals and assistant principals - salaries;
(B) office of the principal;
(ii) program management - deputies, senior administrators, research and program evaluators;
(iii) leadership services;
(A) superintendent and school board;
(B) legal.
(2) The State Department of Education shall:
(a) provide the Governor's Office and the General Assembly with a summarized report of district expenditures from the previous fiscal year by March 15 of the following year;
(b) maintain and keep the expenditure database current and provide the school districts with updates required to meet the reporting requirements; and
(c) provide the Governor's Office and the General Assembly with a report depicting the previously completed fiscal year's allocations to school districts by appropriation category by January 1.
(3) All school districts and special schools of this State may transfer up to twenty percent of funds between programs if the funds are used for direct classroom instruction. Grant funds must be used only for the purposes of the grant and are not considered S.M.A.R.T. funds that may be transferred among programs. Technical assistance funds allocated to an individual school may not be reduced or reallocated within the school district and must be expended by the receiving school only according to the guidelines governing the funds.
(4) A local school district board of trustees may transfer up to one hundred percent of funds among programs designated with the same general category once the district has fulfilled the statutory and regulatory program requirements. A school district may transfer up to twenty percent of these funds from one general category to other general categories. A transfer may not deny an educator basic of supplementary compensation provided by statute. A transfer may not waive or reduce funds required for a program match in a district choosing to continue a federal program requiring matching funds.
(C) A school district with fifty percent or more of its schools earning an unsatisfactory absolute rating may utilize the provisions of this chapter pursuant to the requirements for flexibility in Section 59-18-1120 of the Education Accountability Act.
Section 59-155-30. (A) The State Board of Education must promulgate regulations or publish guidelines necessary to effectuate the provisions of this chapter.
(B) The State Department of Education shall adopt and implement an accounting procedure between the department and each local school district for oversight and management of transfers made pursuant to this chapter. A local school district shall utilize, throughout the year, the uniform accounting procedure to facilitate timely and consistent reporting.
SECTION 4. Upon approval by the Governor, this act takes effect July 1, 2006./
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. COTTY proposed the following Amendment No. 3 (Doc Name COUNCIL\MS\7185MM05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately number SECTION to read:
/ SECTION ____. Chapter 20, Title 59 of the 1976 Code is amended by adding:
Section 59-20-100. There is created a S.M.A.R.T. Funding Study Committee, whose nine members are appointed: three each by the Governor, the Speaker of the House, and the President Pro Tempore of the Senate, and to serve without compensation except for the mileage, per diem, and subsistence allowed by law for members of state commissions, committees, or boards. The committee, in conjunction with and with the cooperation of the Education Oversight Committee and the State Department of Education, shall study the effectiveness and appropriateness of the allocation of, and flexibility in, funding in the S.M.A.R.T. Funding Act. The report must be made by July 1, 2007, at which time the committee shall dissolve. /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. COTTY proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10584MM05), which was tabled:
Amend the bill, as and if amended, by deleting SECTIONS 2 and 3 and inserting:
/ SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-155-10. This chapter may be cited as the 'S.M.A.R.T. (Streamlined Management and Accounting Resources for Teaching) Funding in Education Act'.
Section 59-155-20. (A) There is established a fund management and accounting program, called 'S.M.A.R.T. Funding in Education', that, beginning July 1, 2006, must consolidate all program funding to the state's school districts and special schools for enhanced flexibility in their operations of grades K-12.
(B)(1) S.M.A.R.T. funding must be expended by school districts in the following expenditure functions, subfunctions, and detail functions and in accordance with statutory and regulatory program requirements:
(a) instruction;
(i) face-to-face teaching;
(A) instructional teachers;
(B) substitutes;
(C) instructional paraprofessionals, teacher assistants, clerical -- salaries;
(ii) classroom materials;
(A) pupil-use technology and software;
(B) instructional materials, supplies, trips;
(b) instructional support;
(i) pupil support;
(A) guidance and counseling;
(B) library and media;
(C) extracurricular;
(D) student health and services;
(ii) teacher support;
(A) curriculum development;
(B) inservice and staff training;
(iii) program support;
(A) program development;
(B) therapists, psychologists, and evaluations;
(c) operations;
(i) noninstructional pupil services;
(A) transportation;
(B) food service;
(C) safety;
(ii) facilities - building upkeep, utilities, and maintenance;
(iii) business services;
(A) data processing;
(B) business operations;
(d) other commitments;
(i) debt service;
(ii) capital outlays - capital projects;
(iii) out-of-district obligations and contracts;
(A) parochial, private/charter school pass-throughs;
(B) retiree benefits and other;
(C) school management contracts;
(iv) legal obligations - litigation and settlements;
(v) undesignated reserve;
(e) leadership;
(i) school leadership;
(A) principals and assistant principals - salaries;
(B) office of the principal;
(ii) program management - deputies, senior administrators, research and program evaluators;
(iii) leadership services;
(A) superintendent and school board;
(B) legal.
(2) The State Department of Education shall:
(a) provide the Governor's Office and the General Assembly with a summarized report of district expenditures from the previous fiscal year by March 15 of the following year;
(b) maintain and keep the expenditure database current and provide the school districts with updates required to meet the reporting requirements; and
(c) provide the Governor's Office and the General Assembly with a report depicting the previously completed fiscal year's allocations to school districts by appropriation category by January 1.
(3) All school districts and special schools of this State may transfer up to twenty percent of funds between programs if the funds are used for direct classroom instruction. Grant funds must be used only for the purposes of the grant and are not considered S.M.A.R.T. funds that may be transferred among programs. Technical assistance funds allocated to an individual school may not be reduced or reallocated within the school district and must be expended by the receiving school only according to the guidelines governing the funds.
(C) A school district with fifty percent or more of its schools earning an unsatisfactory absolute rating may utilize the provisions of this chapter pursuant to the requirements for flexibility in Section 59-18-1120 of the Education Accountability Act.
Section 59-155-30. (A) The State Board of Education must promulgate regulations or publish guidelines necessary to effectuate the provisions of this chapter.
(B) The State Department of Education shall adopt and implement an accounting procedure between the department and each local school district for oversight and management of transfers made pursuant to this chapter. A local school district shall utilize, throughout the year, the uniform accounting procedure to facilitate timely and consistent reporting.
SECTION 3. Upon approval by the Governor, this act takes effect July 1, 2006./
Renumber sections to conform.
Amend title to conform.
Rep. COTTY moved to table the amendment, which was agreed to.
Rep. OTT spoke against the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Ceips Chalk Chellis Clark Clemmons Coates Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill J. M. Neal Neilson Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Umphlett Vaughn Vick Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anderson Branham Breeland J. Brown R. Brown Clyburn Cobb-Hunter Funderburk Harvin J. Hines Hosey Howard Jefferson Jennings Kennedy Lee Mack McLeod Miller Moody-Lawrence J. H. Neal Ott Parks Phillips Rhoad Rivers Rutherford Scott J. E. Smith Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. MCGEE moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3501 (Word version) -- Reps. J. H. Neal, 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, Duncan, 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. M. Neal, Neilson, 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, 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 TO COMMEND LARRY L. PALMER, UNITED STATES AMBASSADOR TO THE REPUBLIC OF HONDURAS, FOR HIS DISTINGUISHED CAREER AND MANY YEARS OF SERVICE TO HIS COUNTRY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:
H. 3502 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" MARCHING BAND, DIRECTOR LESLIE GILREATH, AND OTHER SCHOOL OFFICIALS, AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE BAND ON ITS 2004 BIG 16 STATE 5A CHAMPIONSHIP.
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 Summerville High School "Green Wave" marching band, Director Leslie Gilreath, and other school officials, at a time and date to be determined by the Speaker, for the purpose of congratulating and honoring the band on its 2004 Big 16 State 5A Championship.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3503 (Word version) -- Reps. Limehouse and Scarborough: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.
Referred to Committee on Education and Public Works
H. 3504 (Word version) -- Reps. E. H. Pitts, Herbkersman, Ott, Haley, J. Brown, J. E. Smith, Bingham, Cobb-Hunter, Hayes, Limehouse and McGee: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT FROM SALES TAX PROSTHETIC DEVICES USED TO REPLACE BODILY PARTS AND BODILY FUNCTIONS, DISPOSABLE MEDICAL SUPPLIES THAT ARE DISPENSED BY A LICENSED HEALTH CARE PROVIDER, AND EFFECTIVE JULY 1, 2009, DURABLE MEDICAL EQUIPMENT PAID FOR BY MEDICAID AND MEDICARE FUNDS WHERE THE PAYMENT OF SALES TAX IS PROHIBITED AND TO REDUCE BY ONE PERCENT A FISCAL YEAR THE FIVE PERCENT STATE SALES AND USE TAX ON DURABLE MEDICAL EQUIPMENT.
Referred to Committee on Ways and Means
H. 3505 (Word version) -- Reps. Hagood, Bingham, E. H. Pitts, Cobb-Hunter, Kirsh, Rice, Scarborough, G. R. Smith, Tripp, Viers and Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSIONER OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMMISSIONER OF AGRICULTURE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.
Referred to Committee on Judiciary
H. 3506 (Word version) -- Reps. Hagood, Haley, Cobb-Hunter, Kirsh, Rice, Scarborough, G. R. Smith, Tripp and Viers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO THE ADJUTANT GENERAL'S TITLE AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.
Referred to Committee on Judiciary
H. 3507 (Word version) -- Reps. Hagood, Cobb-Hunter, Hosey, Limehouse, E. H. Pitts and Scarborough: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.
Referred to Committee on Judiciary
H. 3508 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 46 TO TITLE 15 SO AS TO ENACT THE SOUTH CAROLINA FAIR CREDIT REPORTING ACT, TO PROVIDE THAT UNFAIR METHODS OF REPORTING CREDIT HISTORY AND UNFAIR OR DECEPTIVE ACTS IN THE CONDUCT OF CREDIT REPORTING ARE UNLAWFUL, TO PROVIDE THAT THE FEDERAL FAIR CREDIT REPORTING ACT AS INTERPRETED BY THE FEDERAL TRADE COMMISSION AND FEDERAL COURTS SHALL FURNISH GUIDANCE IN CONSTRUING THIS CHAPTER, TO PROVIDE PENALTIES FOR WILFUL AND NEGLIGENT NONCOMPLIANCE WITH THE TERMS OF THE CHAPTER, TO PROVIDE FOR THE JURISDICTION OF THE STATE COURTS TO HEAR ACTIONS BROUGHT PURSUANT TO THIS CHAPTER, AND TO PROVIDE, WITH EXCEPTIONS, A TWO-YEAR STATUTE OF LIMITATIONS TO SEEK RELIEF PURSUANT TO THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry
H. 3509 (Word version) -- Reps. Ceips, Whipper, Bales, Duncan, Emory, Haley, Harrison, Huggins, Leach, Littlejohn, Miller, M. A. Pitts and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE EQUIPPED WITH INTERIOR LIGHTS MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS AND OPEN THE VEHICLE'S FRONT WINDOW WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.
Referred to Committee on Judiciary
Rep. DANTZLER moved that the House do now adjourn, which was agreed to.
At 11:45 a.m. the House, in accordance with the motion of Rep. E. H. PITTS, adjourned in memory of Amber Sanders of Lexington, to meet at 10:00 a.m. tomorrow.
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