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 Numbers 35:11: "Then you shall select cities to be cities of refuge for you."
Let us pray. We pray, O God, for the confidence to accomplish the work set before us. You are our refuge, our strength, our help, and our hope. Strengthen these Representatives and staff to extend these gifts You have given them to provide all that is necessary for the welfare of Your people in this State. Bless our Nation, President, State, Governor, Speaker and all who serve in any way in government. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. 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. CLYBURN moved that when the House adjourns, it adjourn in memory of Lizzie L. Dennis of Aiken, which was agreed to.
The House stood in silent prayer for the families of Corporal Marcus Stiles and Private First Class Lonnie D. Wells, police officers who were killed in the line of duty.
The following was received from the Senate:
Columbia, S.C., March 21, 2007
Mr. Speaker and Members of the House:
H. 3097 (Word version) -- Reps. Rice, Walker, G. R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D. C. Smith, Bedingfield, Bales and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ON-LINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.
and asks for a Committee of Conference and has appointed Senators Hayes, Short and Fair to the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. WALKER, OWENS and J. M. NEAL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3803 (Word version) -- Reps. Haley and Kirsh: A BILL TO AMEND SECTION 40-13-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE PROFESSION OF COSMETOLOGY, SO AS TO DELETE REFERENCES TO CERTAIN PRACTICES THAT CONSTITUTE THE PRACTICE OF COSMETOLOGY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3804 (Word version) -- Reps. Umphlett, Clyburn, Crawford and Dantzler: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO COMMISSIONED LAW ENFORCEMENT OFFICERS EMPLOYED BY A COUNTY AND MUNICIPAL POLICE OFFICERS EMPLOYED IN A COUNTY IN WHICH THEY DO NOT RESIDE WHO HOLD ANOTHER OFFICE.
Referred to Committee on Judiciary
The following was introduced:
H. 3805 (Word version) -- Reps. Hiott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3806 (Word version) -- Reps. G. Brown, Bales, Chellis, Edge, Jefferson, J. M. Neal, Sandifer, G. M. Smith, Umphlett, Whipper, Williams and Young: A HOUSE RESOLUTION TO URGE THE ATTORNEY GENERAL OF THE UNITED STATES AND THE FEDERAL COMMUNICATIONS COMMISSION TO OPPOSE THE PROPOSED MERGER OF THE ONLY TWO SATELLITE RADIO PROVIDERS OPERATING IN THE UNITED STATES.
The 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 Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chellis Clemmons Clyburn Cobb-Hunter Cooper Dantzler Delleney Duncan Edge
Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey Merrill Miller Mitchell Moss Mulvaney J. M. Neal Ott Owens Parks Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, March 28.
G. R. Smith Richard Chalk Todd Rutherford Walton McLeod Bill Cotty Catherine Ceips Chip Huggins Jackson "Seth" Whipper Denny Neilson H. B. "Chip" Limehouse Joseph Neal Jerry Govan Ralph Davenport Skipper Perry Creighton Coleman Kris Crawford Thad Viers
Announcement was made that Dr. David Mitchell of Spartanburg was the Doctor of the Day for the General Assembly.
Reps. VICK and NEILSON presented to the House the Cheraw High School "Braves" Football Team, the 2006 AA Champions, their coaches and other school officials.
Reps. VICK and NEILSON presented to the House the Cheraw High School "Tribe" Marching Band, the 2006 AA Champions, their director, assistants 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. 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. 3006 (Word version)
Date: ADD:
03/28/07 PERRY
Bill Number: H. 3006 (Word version)
Date: ADD:
03/28/07 BALES
Bill Number: H. 3309 (Word version)
Date: ADD:
03/28/07 TAYLOR
Bill Number: H. 3525 (Word version)
Date: ADD:
03/28/07 MCLEOD
Bill Number: H. 3726 (Word version)
Date: ADD:
03/28/07 CHELLIS
Bill Number: H. 3780 (Word version)
Date: ADD:
03/28/07 HAYES
Bill Number: H. 3751 (Word version)
Date: ADD:
03/28/07 J. H. NEAL
Bill Number: H. 3780 (Word version)
Date: ADD:
03/28/07 SELLERS
Bill Number: H. 3499 (Word version)
Date: ADD:
03/28/07 WALKER
Bill Number: H. 3799 (Word version)
Date: ADD:
03/28/07 SANDIFER
Bill Number: H. 3737 (Word version)
Date: REMOVE:
03/28/07 WITHERSPOON
Bill Number: H. 3615 (Word version)
Date: REMOVE:
03/28/07 TALLEY
Bill Number: H. 3615 (Word version)
Date: REMOVE:
03/28/07 LITTLEJOHN
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 305 (Word version) -- Senator Short: A BILL TO AMEND ACT 525 OF 1982, AS AMENDED, RELATING TO ELECTION OF MEMBERS OF THE CHESTER COUNTY COUNCIL AND THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE SAME TIME AS THE GENERAL ELECTION AND PROVIDE FOR FILING REQUIREMENTS AND SUPERVISION OF THE ELECTIONS.
H. 3427 (Word version) -- Reps. Whipper, Cobb-Hunter, Jennings, Mack, F. N. Smith, J. R. Smith, Weeks, Gullick, Mulvaney, Hamilton, G. R. Smith, Bedingfield and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2008, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2007; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Rep. TALLEY explained the Bill.
Rep. LOFTIS explained the Bill.
H. 3795 (Word version) -- Reps. Govan, Hosey, Sellers, Howard and J. H. Neal: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY TO ESTABLISH THE SOUTH CAROLINA AFRICAN-AMERICAN HERITAGE COMMISSION TO ASSIST AND ENHANCE THE DEPARTMENT'S EFFORTS TO PRESERVE AND PROMOTE HISTORIC PROPERTIES REFLECTING THE STATE'S AFRICAN-AMERICAN HERITAGE; AND TO AUTHORIZE THE DEPARTMENT TO PROVIDE STAFF ASSISTANCE AND FUNDING FOR THE COMMISSION.
Rep. GOVAN explained the Joint Resolution.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3516 (Word version) -- Reps. Huggins, Mahaffey, Sandifer, Bowen and Lowe: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
The following Bill was taken up:
H. 3258 (Word version) -- Reps. Hiott, Witherspoon, Frye, Duncan, Owens, M. A. Pitts and Rice: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON IN GAME ZONE 1 AND THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS; TO AMEND SECTION 50-11-430, AS AMENDED, RELATING TO BEAR HUNTING IN GAME ZONE 1, SO AS TO REVISE THE OPEN SEASON FOR TAKING BEAR, THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS, AND THE PROCEDURES WHICH MUST BE FOLLOWED WHEN A BEAR IS TAKEN, AND TO FURTHER PROVIDE FOR CERTAIN LAWFUL AND UNLAWFUL ACTIVITIES IN REGARD TO BEAR HUNTING.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20240SD07), which was adopted:
Amend the bill, as and if amended, in Section 50-11-430 of the 1976 Code, as contained in SECTION 2, by striking item (1) of subsection (A) and inserting:
/ (1) for still gun hunts: the third Monday in October through the following Saturday inclusive October seventeenth through October twenty-third and December seventeenth through December nineteenth, Sundays excepted; for party dog hunts: the fourth Monday in October through the following Saturday inclusive October twenty-fourth through October thirtieth, Sundays excepted. During the period September first through October fifteenth, bears may be hunted with
Rep. HIOTT explained the amendment.
The amendment was then adopted.
Rep. HIOTT proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\9920HTC07), which was adopted:
Amend the bill, as and if amended, by striking item (1) of Section 50-11-310(A) as contained in SECTION 1, page 1, and inserting:
/ (1) In Game Zone 1: October first through October tenth, with primitive weapons only; October eleventh through October sixteenth, and October thirty- first through January first, with archery equipment and firearms, Sundays excepted with archery equipment and firearms; October seventeenth through October thirtieth with archery equipment only; October thirty-first through January first with archery equipment and firearms." /
Amend further, as and if amended, in Section 50-11-430(A)(1) as contained in SECTION 2, page 3258-1, line 35, by striking /first/ and inserting / fifteenth /
Renumber sections to conform.
Amend title to conform.
Rep. HIOTT 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. 3124 (Word version) -- Reps. Walker, Harrell, Harrison, Cotty, Bingham, Toole, D. C. Smith and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 59 SO AS TO PROVIDE FOR THE PUBLIC SCHOOL OPEN ENROLLMENT CHOICE PROGRAM IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR AN APPLICATION PROCESS FOR
Reps. WHITMIRE, WALKER, DUNCAN, HAYES, SKELTON, CLYBURN, MILLER, ANDERSON, SHOOPMAN, LEACH, BEDINGFIELD, J. R. SMITH, ANTHONY, BRANTLEY, D. C. SMITH, COTTY, PINSON, WITHERSPOON and MAHAFFEY requested debate on the Bill.
The following Bill was taken up:
H. 3373 (Word version) -- Reps. M. A. Pitts and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-825 SO AS TO PROVIDE THAT IF A PERMIT IS ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INSTALL AN INDIVIDUAL WASTE TREATMENT AND DISPOSAL SYSTEM THE DEPARTMENT IS ONLY REQUIRED TO CONDUCT RANDOM FINAL INSPECTIONS ON THREE PERCENT OF THESE INSTALLED SYSTEMS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11447AC07), which was adopted:
"Section 44-55-825. (A) Notwithstanding any other provision of law, after the department has conducted soil suitability testing and has issued a permit for the installation of an individual waste treatment and disposal system, the department is only required to conduct random final inspections on no more than ten percent of these installed systems.
(B) The licensing authority of a person who is found to be out of compliance with the installation requirements of an individual waste treatment and disposal system shall:
(1) for a first violation, suspend the person's license for one year;
(2) for a second offense, suspend the person's license for three years; and
(3) for a third offense, permanently revoke the person's license.
Section 44-55-827. (A) The department shall promulgate regulations for the licensure of persons who contract or advertise to offer or provide services for installation, repair, modification, or final inspection and approval of on-site wastewater treatment and disposal systems. These regulations must include:
(1) eligibility criteria to be licensed as an on-site wastewater treatment and disposal system contractor;
(2) licenses defining various levels of competency and skill, including different licenses that allow different combinations of installation, repair, modification, and final inspection and approval of on-site wastewater treatment and disposal systems;
(3) a system for the department to monitor the quality of contractor installation, repair, modification, and final inspection and approval of on-site wastewater treatment and disposal systems;
(4) minimum standards for training and continuing education for wastewater treatment and disposal contractors;
(5) bonding and insurance requirements for on-site wastewater treatment and disposal system contractors;
(6) the establishment and collection of administrative and licensing fees to cover the costs of this program; and
(7) enforcement guidelines and penalties for violation of these regulations.
(B) Within forty-five days of this section's effective date, the department shall submit to the General Assembly for approval by concurrent resolution, the requirements for licensure of an on-site wastewater treatment and disposal system contractor, as provided for in Section 44-55-827(A)(1) through (7). Once approved, these requirements remain in effect until the department promulgates regulations pursuant to the Administrative Procedures Act, which must be promulgated to take effect before July 1, 2011.
(C) Nothing in this chapter or regulations promulgated pursuant to this chapter affect the department's authority, under Section 44-1-140 and Regulation 61-56, to issue permits for the installation and construction of individual on-site wastewater systems."
SECTION 2. This act takes effect two months after approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. DUNCAN 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. 3292 (Word version) -- Reps. Duncan and Miller: A BILL TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS AND RELATED ENVIRONMENTAL IMPACT FEE, SO AS TO PROVIDE THE AMOUNT OF REGISTRATION AND LATE FEE REVENUE USED FOR ADMINISTRATION MAY NOT EXCEED THE TOTAL AMOUNT COLLECTED FROM SUCH FEES ANNUALLY, AND TO INCREASE THE ENVIRONMENTAL IMPACT FEE FROM ONE-HALF CENT A GALLON TO ONE CENT A GALLON.
Rep. WITHERSPOON made the Point of Order that the Bill was improperly before the House for consideration since its number and
The following Bill was taken up:
H. 3466 (Word version) -- Reps. Umphlett, Hinson, E. H. Pitts, Haley, Ballentine, Huggins, Vick, Agnew, Anderson, Battle, Bingham, R. Brown, Cato, Ceips, Chellis, Cobb-Hunter, Dantzler, Duncan, Funderburk, Hagood, Harvin, Herbkersman, Jefferson, Jennings, Knight, Limehouse, Lowe, Mahaffey, Merrill, Miller, Ott, Owens, Parks, Pinson, M. A. Pitts, Sandifer, Scarborough, Scott, Sellers, Simrill, Spires, Stavrinakis, Taylor, White, Whitmire, Williams, Toole, Bowen, Gullick and Hodges: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, WATER RESOURCES, AND DRAINAGE, BY ADDING CHAPTER 30 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" WHICH PERMITS THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER SPECIFIED CONDITIONS, TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR AUTHORITY OF THE ATTORNEY GENERAL AND A MUNICIPALITY OR COUNTY TO DECLARE THESE STRUCTURES NUISANCES AND REQUIRE THEIR REMOVAL, AND TO PROVIDE, FURTHER, FOR A CIVIL ACTION BY A PRIVATE CITIZEN.
Rep. LOFTIS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3525 (Word version) -- Reps. Bedingfield, G. R. Smith, Pinson, J. H. Neal, F. N. Smith, Allen, Anthony, Bales, Ballentine, Bannister, Barfield,
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5209CM07), which was adopted:
Amend the bill, as and if amended, Section 20-7-950, as contained in SECTION 1, by deleting Section 20-7-950 and inserting:
/ Section 20-7-950. A person whose driver's license has been suspended for failure to comply with an order for child support may obtain a special route-restricted driver's license from the Department of Motor Vehicles. The special route-restricted driver's license allows the person to only operate a motor vehicle as transportation between his home and work, or as a part of his work duties, or as transportation to a college, university, technical college, or any other institution of higher learning in which he is enrolled. /
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The Veto on the following Act was taken up:
(R14) H. 3357 (Word version) -- Rep. Jennings: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARLBORO COUNTY TRANSPORTATION COMMITTEE.
Rep. JENNINGS moved to adjourn debate on the Veto, which was agreed to.
The following Bill was taken up:
H. 3575 (Word version) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J. M. Neal, Owens, E. H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S REMOVAL OF PERSONS APPOINTED TO CERTAIN STATE OFFICES, FOR CERTAIN REASONS, SO AS TO ADD DEPARTMENT OF TRANSPORTATION COMMISSIONERS TO THIS LIST OF PERSONS WHO MAY BE REMOVED FROM OFFICE BY THE GOVERNOR; TO AMEND SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT AND THEIR GOVERNING BODIES, SO AS TO PROVIDE FOR THE GOVERNING STRUCTURE OF THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 1-30-105, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO MAKE TECHNICAL CHANGES AND PROVIDE FOR THE ELECTION OF ITS GOVERNING AUTHORITY UNTIL FEBRUARY 15, 2008; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PUBLIC OFFICIALS WHO MUST FILE A STATEMENT OF ECONOMIC INTEREST, SO AS TO PROVIDE THAT DEPARTMENT OF TRANSPORTATION DISTRICT ENGINEERS MUST FILE A STATEMENT OF ECONOMIC INTEREST; TO AMEND SECTION 11-11-150, AS AMENDED, RELATING TO CALCULATING ESTIMATED STATE AND CORPORATE INCOME TAX REVENUES, AND THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT FORTY MILLION DOLLARS IN GENERAL
Reps. YOUNG, OTT, COOPER and LUCAS, with unanimous consent, proposed the following Amendment No. 40 (Doc Name COUNCIL\BBM\9931CM07), which was adopted:
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered sent to the Senate.
I was temporarily out of the Chamber on Tuesday, March 27, 2007, during the vote on H. 3575. Had I been present, I would have voted in favor of this Bill.
Rep. Scott Talley
I was given a leave of absence on March 27, 2007, prior to the vote on second reading of H. 3575. Let the record reflect that I fully support the Bill.
Rep. W. D. Smith
The motion period was dispensed with on motion of Rep. WALKER.
The following Bill was taken up:
H. 3175 (Word version) -- Reps. Walker, Cotty, Harrell, Bales, Owens, Rice and D. C. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTION 59-35-10 AS ARTICLE 1, CHAPTER 35, TITLE 59, ENTITLED "KINDERGARTENS", AND BY ADDING ARTICLE 3 TO
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20167SD07):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-35-10 of the 1976 Code is designated as Article 1, Chapter 35, Title 59, entitled "Kindergartens".
SECTION 2. Title 59, Chapter 35 of the 1976 Code is amended by adding:
Section 59-35-310. (A) There is created the South Carolina Child Development Education Program. Beginning with the 2008-09 school year, this program must be made available annually by all school
(B) As used in this article:
( 1) 'At-risk' means any child whose annual family income is one hundred eighty-five percent or less of the federal poverty guidelines as promulgated annually by the United States Department of Health and Human Services making him eligible for the free or reduced price lunch program, or any child who is eligible for Medicaid.
( 2) 'Department' means the State Department of Education.
( 3) 'Parent' means the natural or adoptive parent or legal guardian of a child.
( 4) 'Private provider' means a provider other than a public school approved to deliver the school-year four-year-old kindergarten program pursuant to this article.
( 5) 'Program' means education services provided by either public or private providers to serve at-risk four-year-old children.
( 6) 'Provider' means either a state-approved public or private program provider chosen by the parent.
( 7) 'Public provider' means a public school approved to deliver the school-year four-year-old kindergarten program pursuant to this article.
( 8) 'Resident school district' means the public school district in which a child resides.
( 9) 'Research based' means supported by nationally published, peer-reviewed research.
(10) 'School year' means a one hundred eighty-day instructional program completed before the school year in which the student would enroll in five-year-old kindergarten. For the purposes of this article, the school year is not otherwise constrained.
(11) 'Parent education program' means a series of activities designed to enhance student success where parents and teachers exchange information supporting a child's progress and development. These may include, but not be limited to, family orientation programs, parenting workshops, parent and teacher conferences, and regular reports on student progress.
Section 59-35-320. (A) Beginning with the 2008-09 school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Program must be made available to all at-risk four-year-old children in the State. No state funds shall be
(1) first, eligible children from the trial and plaintiff districts in Abbeville County School District et al. vs. South Carolina;
(2) second, with any funds remaining, students must be served according to the percentage of poverty of the student's annual family income expressed as a percentage of federal poverty guidelines, with first priority given to those students whose family income is at the lowest percentage.
(B) Annually, any unexpended funds from the prior year for this program must be carried forward and used for nonrecurring expenditures by the First Steps to School Readiness Board of Trustees to provide risk-targeted and measurable services to children up to three years of age.
Section 59-35-330. (A) Each child who will have attained the age of four years on or before September first of the school year, and meets the at-risk criteria established in this article is eligible for enrollment in the South Carolina Child Development Education Program for one year. In rare instances, students with documented kindergarten readiness barriers may be permitted to enroll for a second year, or at age five, at the discretion of the State Department of Education for students being served by a public provider or at the discretion of the Office of South Carolina First Steps for students being served by a private provider.
(B) The parent of each eligible child may enroll the child in one of the following programs:
(1) A school-year four-year-old kindergarten program delivered by an approved public provider; or
(2) A school-year four-year-old kindergarten program delivered by an approved private provider.
(C) The parent enrolling a child shall, by July first, complete and submit an application to the approved provider of choice. The application must be submitted on forms prescribed in Section 59-35-350 and must be accompanied by a copy of the child's birth certificate, immunization, and documentation of the student's eligibility as evidenced by family income documentation showing an annual family income of one hundred eighty-five percent or less of the federal poverty guidelines as promulgated annually by the United
(D) In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school year. An attendance policy must state that the program consists of six and one-half hours of instructional time daily and operates for a period not less than one hundred eighty days per year. Pursuant to program guidelines, noncompliance with attendance policies may result in removal from the program.
(E) A parent is not required to pay tuition or fees solely for the purpose of enrolling in or attending the program established pursuant to this article. Nothing in this article prohibits charging fees for childcare that may be provided outside the times of the instructional day provided in these programs.
Section 59-35-340. (A) Public school providers choosing to participate in the South Carolina Child Development Education Program must submit an application to the South Carolina Department of Education. Private providers choosing to participate in the South Carolina Child Development Education Program must submit an application to the Office of First Steps to School Readiness. The application must be submitted on the forms prescribed, and contain assurances that the provider meets all program criteria set forth in this article and will comply with all reporting and assessment requirements.
(B) Providers shall:
(1) comply with federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, and need for special education services;
(2) comply with state and local health and safety laws and codes;
(3) comply with state laws that apply regarding criminal background checks for employees and exclude from employment any individual not permitted by state law to work with children;
(4) comply with all state and federal laws and requirements specific to program providers;
(5) be accountable for meeting the education needs of the child and report at least quarterly to the parent or guardian on his progress;
(6) comply with the program, reporting, and assessment criteria required of providers;
(7) maintain individual student records for each child enrolled in the program to include, but not limited to, assessment data, health data, records of teacher observations, and records of parent or guardian and teacher conferences;
(8) designate whether extended day services will be offered to the parents or guardians of children participating in the program; and
(9) be approved, registered, or licensed by the Department of Social Services before the first day of school.
(C) Providers may limit student enrollment based upon space available. However, if enrollment exceeds available space, providers shall enroll children with first priority given to children with the lowest scores on an approved pre-kindergarten readiness assessment. Neither public nor private providers are required to expand their programs to accommodate all children desiring enrollment. In the event that an approved provider is unable to accommodate all children desiring enrollment, each shall provide a list of all other approved public and private providers in the community.
Section 59-35-350. The State Department of Education and the Office of First Steps to School Readiness shall:
( 1) develop the provider application form;
( 2) develop the child enrollment application form;
( 3) develop a list of approved research-based preschool curricula for use in the program based upon the South Carolina content standards, and provide training, and technical assistance to support its effective use in approved classrooms serving children;
( 4) develop a list of approved pre-kindergarten readiness assessments to be used in conjunction with the program, and provide assessments, and technical assistance to support assessment administration in approved classrooms serving children;
( 5) establish criteria for awarding new classroom equipping grants;
( 6) establish criteria for the parenting education program providers must offer;
( 7) establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications;
( 8) develop a list of data collection needs to be used in implementation and evaluation of the program;
( 9) identify teacher preparation program options and assist lead teachers in meeting teacher program requirements;
(10) establish criteria for granting student retention waivers pursuant to Section 59-35-330(A);
(11) establish criteria for granting classroom size requirements waivers pursuant to Section 59-35-360(B)(3); and
(12) develop a procedure for distributing funds pursuant to the requirements of Section 59-35-320(A).
Section 59-35-360. (A) Providers of the South Carolina Child Development Education Program shall offer a complete educational program in accordance with age-appropriate instructional practice and a research-based preschool curriculum aligned with school success. The program must focus on the developmental and learning support children must have in order to be ready for school. The provider shall also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent involvement in the learning process with an emphasis on interactive literacy.
(B) Providers shall offer high-quality, center-based programs that must include, but not be limited to:
( 1) employing a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this requirement from the South Carolina Department of Education or the Office of First Steps to School Readiness;
( 2) employing an education assistant with pre-service or in-service training in early childhood education;
( 3) maintaining classrooms with at least ten four-year-old children, but no more than twenty four-year-old children with an adult to child ratio of 1:10. With classrooms having a minimum of ten children, the 1:10 ratio must be a lead teacher to child ratio. Waivers of the minimum class size requirement may be granted by the South Carolina Department of Education for public providers or Office of First Steps to School Readiness for private providers on a case-by-case basis.
( 4) offering a full-day, center-based program with six and one-half hours of instruction daily for one hundred eighty school days.
( 5) providing an approved research-based preschool curriculum that focuses on critical child development skills, especially early literacy, numeracy, and social and emotional development;
( 6) engaging parents' participation in their child's educational experience that must include at least two documented conferences per year; and
( 7) adhering to professional development requirements provided in this article.
Section 59-35-370. Every classroom providing services to four-year-old children established pursuant to this article must have:
( 1) a lead teacher with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress toward the completion of a teacher education program within four years; and
( 2) at least one education assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two years of experience working with children under five years old. The teaching assistant shall have completed the Early Childhood Development Credential (ECD) 101 or enroll and complete this course within twelve months of hire.
Section 59-35-380. The General Assembly recognizes there is a strong relationship between the skills and preparation of pre-kindergarten instructors and the educational outcomes of students. To improve these educational outcomes, participating providers shall require all personnel providing instruction and classroom support to students participating in the South Carolina Child Development Education Program to participate annually in at least fifteen hours of professional development to include teaching children from poverty. Professional development must provide instruction in strategies and techniques to address the age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including, but not limited to, oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development.
Section 59-35-390. Both public and private providers are eligible for transportation funds pursuant to Section 59-35-420 for the transportation of children to and from school. Nothing in this article prohibits providers from contracting with another entity to provide transportation services provided the entities adhere to the requirements of Section 56-5-195. Providers are not responsible for transporting students attending programs outside the district lines. Parents choosing program providers located outside of their resident district are responsible for transportation. When transporting four-year-old child development students, providers shall make every effort to transport them with students of similar ages attending the same school. Beginning with the 2008 fiscal year, of the amount appropriated for the South Carolina Child Development Education Program not more than one hundred eighty-five dollars per student shall be retained by the State Department of Education for the purposes of transporting four-year-old students. This amount must be increased annually by the same projected rate of inflation as determined by the Division of
Section 59-35-400. For all private providers approved to offer services pursuant to this article, the Office of First Steps to School Readiness shall:
( 1) serve as the fiscal agent;
( 2) verify student enrollment eligibility;
( 3) recruit, review, and approve eligible providers. In considering approval of providers, consideration must be given to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
( 4) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
( 5) serve as a clearinghouse for information and best practices related to four-year-old kindergarten programs;
( 6) receive, review, and approve new classroom grant applications based on approved criteria;
( 7) coordinate activities and promote collaboration with other private and public, including federal, providers in developing and supporting four-year-old kindergarten programs;
( 8) maintain a database of the children enrolled in the program; and
( 9) promulgate guidelines as necessary for the implementation of the program.
Section 59-35-410. For all public school providers approved to offer services pursuant to this article, the State Department of Education shall:
(1) serve as the fiscal agent;
(2) verify student enrollment eligibility;
(3) recruit, review, and approve eligible providers. In considering approval of providers, consideration must be given to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
( 4) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
( 5) serve as a clearinghouse for information and best practices related to four-year-old kindergarten programs;
( 6) receive, review, and approve new classroom grant applications based on approved criteria;
( 7) coordinate activities and promote collaboration with other public and private, including federal, providers in developing and supporting four-year-old kindergarten programs;
( 8) maintain a database of the children enrolled in the program; and
( 9) promulgate guidelines as necessary for the implementation of the program.
Section 59-35-420. (A) Funding for the South Carolina Child Development Education Program shall be provided by the General Assembly. For the 2008-09 school year, the funded cost per child must be three thousand nine hundred thirty-one dollars increased by the current year's rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act. Eligible students enrolling with private providers during the school year shall be funded on a pro-rata basis determined by the length of their enrollment. Private providers transporting eligible children to and from school shall be eligible for a reimbursement of five hundred fifty dollars per eligible child transported. Providers who are reimbursed are required to retain records as required by their fiscal agent. The funded cost per child and transportation reimbursement rate must be increased annually by the same projected rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.
(B) With funds appropriated by the General Assembly, the State Department of Education shall approve grants for public providers and the Office of First Steps to School Readiness shall approve grants for private providers, of up to ten thousand dollars per class for the equipping of new classrooms. Funding of up to two thousand five hundred dollars may be provided annually for the procurement of consumable and other materials in established classrooms.
Section 59-35-440. Pursuant to this article, the South Carolina Department of Social Services shall:
( 1) maintain a list of all approved public and private providers; and
( 2) provide the State Department of Education, the Office of First Steps to School Readiness, and the Education Oversight Committee information necessary to carry out the requirements of this article.
Section 59-35-450. (A) The Education Oversight Committee shall conduct an evaluation of the South Carolina Child Development
(B) To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program. This data shall include developmentally appropriate measures of student progress. Additionally, the Department of Education shall issue a unique student identifier for each child receiving services from a private provider. The Department of Education is responsible for the collection and maintenance of data on the public state-funded full-day and half-day four-year-old kindergarten programs. The Office of First Steps to School Readiness is responsible for the collection and maintenance of data on the state-funded programs provided through private providers. The Education Oversight Committee shall use this data and all other
Section 59-35-460. Beginning in 2008, the State Department of Education, the Office of First Steps to School Readiness, the Department of Social Services, and the Education Oversight Committee collaboratively shall establish an ongoing public information campaign to apprise the public of the availability of the state's four-year-old kindergarten program and its education options. Additionally, beginning with the 2008 fiscal year, the State Department of Education and the Office of First Steps to School Readiness shall be appropriated administrative costs to enable each agency to prepare public and private providers state-wide for implementation and continuous support in serving four-year-old students as provided for in this article.
Section 59-35-470. If a section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this article is for any reason held to be unconstitutional or invalid, this holding does not affect the constitutionality or the validity of the remaining portions of this article, the General Assembly hereby declaring that it would have passed this article, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 3. Section 59-19-340 of the 1976 Code is amended to read:
"Section 59-19-340. Beginning with the 2007-2008 school year, the board of trustees of each school district may establish and provide for the education of children whose annual family income is one hundred eighty-five percent or less of the federal poverty guidelines as promulgated annually by the United States Department of Health and Human Services, making them eligible for the free or reduced-price lunch program, or any child who is eligible for Medicaid and who will attain the age of four on or before September first of the applicable school year, in child development programs. The board of trustees of school districts having programs serving three and four-year olds on the date of enactment of this section may continue to serve three-year-old children."
Rep. WHITMIRE explained the amendment.
Rep. WHITMIRE spoke in favor of the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. COBB-HUNTER raised the Point of Order that H. 3175 was out of order under House Rule 4.4 in that the Bill directly appropriated money and was required to be referred to the Ways and Means Committee before being considered by the House.
Rep. WALKER argued contra.
SPEAKER HARRELL stated that a similar point was raised in May 26, 1999, and that former Speaker Wilkins had cited the Supreme Court case of Walker v. Derham in which the court defined appropriations as to set apart, to designate some specific sum of money for a particular purpose. SPEAKER HARRELL stated that although the Bill had a fiscal impact that it did not designate any specific sum of money for a particular purpose. Therefore he overruled the Point of Order.
Rep. WALKER spoke in favor of the amendment.
The SPEAKER granted Rep. NEILSON a temporary leave of absence to attend the Women's Caucus Luncheon as Chairwoman.
Rep. WALKER continued speaking.
Rep. E. H. PITTS spoke against the amendment.
Rep. E. H. PITTS spoke against the amendment.
Rep. E. H. PITTS moved to commit the Bill to the Committee on Ways and Means.
Rep. E. H. PITTS demanded the yeas and nays which were taken, resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Battle Bowers Branham Breeland G. Brown R. Brown Chalk Clyburn Cobb-Hunter Coleman Cotty Davenport Frye Funderburk Gambrell Govan Gullick Hart Hayes Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Littlejohn Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Ott Parks Perry Phillips E. H. Pitts Rutherford Sandifer Scott Sellers Simrill Skelton F. N. Smith Stavrinakis Stewart Thompson Toole Vick Weeks Whipper White Williams
Those who voted in the negative are:
Bannister Barfield Bedingfield Bingham Bowen Brantley Cato Ceips Chellis Clemmons Cooper Crawford Dantzler Delleney Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Leach Limehouse Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens Pinson Rice Scarborough Shoopman D. C. Smith G. M. Smith G. R. Smith J. R. Smith
W. D. Smith Spires Talley Taylor Umphlett Viers Walker Whitmire Witherspoon Young
So, the Bill was committed.
My intended vote on H. 3175 was a "yea" vote to commit the Bill to the Ways and Means Committee. I was called out of the Chamber to assist with the Women's General Assembly Caucus annual luncheon and missed the vote to commit the Bill.
Rep. Joan Brady
Rep. MILLER moved that the House recede until 2:15 p.m., which was agreed to.
At 2:15 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. HOWARD moved to adjourn debate upon the following Bill until Tuesday, April 10, which was adopted:
H. 3463 (Word version) -- Reps. Howard and Rutherford: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-90, 2-19-100, AND 2-19-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE
The following Bill was taken up:
H. 3033 (Word version) -- Reps. Clemmons, Mahaffey and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-7-15 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, AND TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22784MM07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 3, Title 29 of the 1976 Code is amended by adding:
"Section 29-3-345. (A) In this section, 'document of rescission' means a document stating that an identified satisfaction or affidavit of satisfaction of a mortgage or other lien affecting real property was recorded erroneously or that a mortgage or other lien affecting real property was satisfied of record erroneously, the secured obligation remains unsatisfied, and the mortgage or other lien affecting real property remains in force.
(B) If a person records a satisfaction or affidavit of satisfaction of a mortgage or other lien affecting real property in error or a mortgage or other lien affecting real property is satisfied of record erroneously by another means, the person or the secured creditor may execute and record a document of rescission that has been duly witnessed and notarized in compliance with Section 30-5-30. Upon recording, the
(C) A recorded document of rescission does not affect the rights of a person that:
(1) records an interest in the real property described in a mortgage or other lien affecting real property after the recording of the satisfaction or affidavit of satisfaction of the mortgage or other lien affecting real property or the erroneous satisfaction of record of the mortgage or other lien affecting real property by other means and before the recording of the document of rescission; and
(2) would otherwise have priority over or take free of the lien created by the mortgage or other lien affecting real property as reinstated.
(D) A person who erroneously or wrongfully records a document of rescission is liable to a person injured by the recording of the actual loss caused by the recording and reasonable attorney's fees and costs.
(E) The Clerk of Court or Registrar of Mesne Conveyance shall collect a filing fee of six dollars, and an additional one-dollar a page for a document containing more than one page.
(F) The 'document of rescission' must be in a form substantially similar to:
STATE OF SOUTH CAROLINA ) DOCUMENT OF RESCISSION
COUNTY OF ________________ ) INADVERTENT SATISFACTION
) AFFIDAVIT
For Book _____, Page ______
Pursuant to Section 30-7-15 of S. C. Code of Laws
The undersigned on oath, being first duly sworn, hereby certifies as follows:
1. The undersigned is an authorized representative of ________________, the identified
mortgagee/lien holder of the mortgage/lien ("Mortgage") filed at Book _____, Page _____ in the
above-referenced County.
2. With respect to the Mortgage, given by ________________ to _________________ dated
_____________ and recorded in the above County in the Office of the Register of Deeds, this is to
3. This is to represent and certify that such satisfaction was erroneous and inadvertent, with
the obligation secured by the Mortgage remaining unsatisfied and outstanding and the referenced
Mortgage remains in force and effect.
4. Pursuant to Section 30-7-15, the Mortgage is reinstated.
____________________________________
By:_________________________________________
Its:__________________________________________
Street Address:_____________________________
City, State and Zip Code:_____________________
Telephone:__________________________________
_______________________________________
Witness
_______________________________________
Witness
Personally appeared before me ________________________ who with _______________________ did witness and does acknowledge the due execution of the foregoing instrument.
Witness my hand and seal
the ______ day of ___________
___________________________________(L.S.)
Notary Public for:_______________________
My Commission Expires:___________________"
SECTION 2. This act takes affect upon approval by the Governor.
Amend further, by striking all before the enacting words and inserting:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-345 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
Rep. CLEMMONS proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22824MM07), which was adopted:
Amend the bill, as and if amended, Section 29-3-345(D), as found in SECTION 1, by deleting subsection (D) in its entirety and inserting:
/ A person who erroneously or wrongfully records a document of rescission is liable to a person injured by the recording for a sum of money not exceeding one-half of the original face amount of the debt secured by the mortgage or twenty-five thousand dollars, whichever is less, plus actual damages, costs, and attorney's fees. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. CLEMMONS continued speaking.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham
Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Kelly Kennedy Knight Leach Littlejohn Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Ott Owens Parks Perry Pinson E. H. Pitts Rice Sandifer Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3124 (Word version) -- Reps. Walker, Harrell, Harrison, Cotty, Bingham, Toole, D. C. Smith and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 59 SO AS TO PROVIDE FOR THE PUBLIC SCHOOL OPEN ENROLLMENT CHOICE PROGRAM IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR AN APPLICATION PROCESS FOR STUDENTS WISHING TO TRANSFER, TO PROVIDE RESPONSIBILITIES OF RECEIVING SCHOOL DISTRICTS, TO PROVIDE STANDARDS OF APPROVAL, PRIORITIES OF ACCEPTING STUDENTS, AND CRITERIA FOR DENYING STUDENTS, TO PROVIDE THAT THE PARENT IS RESPONSIBLE FOR TRANSPORTING THE STUDENT TO SCHOOL, TO PROVIDE FOR THE FUNDING OF THE OPEN ENROLLMENT CHOICE PROGRAM, TO PROVIDE THAT A STUDENT MAY NOT PARTICIPATE IN INTERSCHOLASTIC ATHLETIC CONTESTS DURING THE FIRST YEAR OF ENROLLMENT, TO PROVIDE THAT A RECEIVING DISTRICT SHALL ACCEPT CERTAIN CREDITS TOWARD A STUDENT'S REQUIREMENTS FOR GRADUATION, TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH CERTAIN ENTITIES FOR THE PROVISION OF SERVICES, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL CONDUCT AN ANNUAL SURVEY AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9905SD07), which was adopted:
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 59-62-10. (A) There is established a district choice program and an open enrollment program within the public school system of this State.
(B) In establishing these programs, it is the objective of the General Assembly to make the South Carolina public school system the most choice-driven public school system in the nation by increasing student participation in and student access to public school educational opportunities both within and outside their resident school district regardless of where they may live or their socioeconomic status. It is therefore the intent of the General Assembly that this chapter be construed broadly to maximize parental choice options and student access to public school educational opportunities that are not now available.
Section 59-62-20. As used in this chapter:
(1) 'School district choice programs' means a public education delivery system that requires school districts to provide for student programs of choice offered within the district, which may include, but not be limited to, public charter schools, virtual school programs, extended day or school year programs, flexible school scheduling programs, Montessori programs, single-gender programs, learning team programs, magnet school programs, and school-within-a-school programs, and to provide for school assignments to these programs using parents' indicated preferential choice as a significant factor for assigning students within the district.
(2) 'Open enrollment' means a public education delivery system that requires school districts to allow for school assignments of students outside of the student's resident district using parents' indicated preferential choice as a significant factor.
(3) 'Attendance zone' means the geographic area used to determine a particular school assignment for students in the district of residence.
(4) 'Capacity' as established by State Board of Education guidelines means individual school capacities to include any district projections per school for the school year impacted by a transfer pursuant to this chapter.
(5) 'District of residence' means a school district in which the parent or guardian of a student resides.
(6) 'Feeder pattern' means the schools to which students are assigned upon the completion of the highest grade level of their previous school.
(7) 'Good cause' means a change in a child's residence due to a change in parent or guardian's residence, a change in a child's parent's marital status, a change caused by a guardianship or custody proceeding, placement of a child in foster care, adoption, participation
(8) 'Parent' means the parent or legal guardian of a student of the State.
(9) 'Receiving district' means a school district other than the district of residence in which a student seeks to enroll. Where the district of residence includes more than one school providing instruction at a given grade level, and a parent of a child entering the grade level applies to enroll his child in a public school in the district of residence other than the program in which the child would normally be assigned to attend based on the child's place of residence, the district of residence also must be considered to be the receiving district for purposes of this chapter.
(10) 'Siblings' means all children residing in the same household on a permanent basis who have the same mother or father or guardian.
(11) 'Working days' means working days as determined by a school district's administrative calendar.
Section 59-62-30. (A) The State Department of Education shall establish the Office of School Choice and Innovation. This office shall provide school districts with information on various school choice programs, best practice information, staff development, assistance in planning for transportation needs, and technical assistance for developing and implementing public school choice and open enrollment programs throughout the State.
(B) In conjunction with a series of town meetings held throughout the State, the Office of School Choice and Innovation shall conduct a statewide inventory. The inventory shall be designed to determine the public's knowledge and understanding of public school choice. Additionally, the inventory shall collect information on district growth projections, choice programs available in districts, and choice options parents would like to see implemented in their district of residence. With the information received from the statewide inventory, the Office of School Choice and Innovation shall compile and disseminate the results to the school districts of the State and members of the General Assembly.
(C) In the 2007-08 school year, with funds appropriated by the General Assembly, the Office of School Choice and Innovation shall establish a School District Choice and an Open Enrollment pilot program. Participation of districts in the pilots shall be voluntary. The
(D) Throughout the pilot year, the Office of School Choice and Innovation shall provide information to all school districts regarding obstacles that have the potential of interfering with the implementation of quality school choice and open enrollment programs and shall make recommendations for overcoming and avoiding those obstacles. The information provided shall also include costs associated with the implementation of both pilot programs.
(E) The State Board of Education shall develop guidelines listing factors to be used in determining school capacity. In developing these guidelines, a task force shall be established with membership to include, but not be limited to, school board members, superintendents, principals, parents, and business and community leaders. The membership of the task force shall reflect urban and rural areas of the State.
(F) During the 2007-08 school year, each school district of the State shall convene a School Choice Committee. The committee shall include, but not be limited to, members representing parents, community and business leaders, teachers, and students. The committee membership shall represent the ethnicity and geographic diversity of the district. With information obtained from the statewide survey, the School Choice Committee shall develop an action plan incorporated in the school renewal plan for providing parents and students choice options within the district and shall include a timeline and budget proposal for implementation of the identified options. Each district shall submit their plan to the Office of School Choice and Innovation for review, and if necessary the Office of School Choice and Innovation shall provide recommendations. Districts having plans currently in place shall also submit their plans.
Section 59-62-40. (A) Beginning in the 2008-09 school year and succeeding school years, with innovation funds appropriated by the General Assembly, each school district of the State shall begin implementation of their school choice plans. At a minimum, each
(B) During the 2008-09 school year, the School Choice Committee established pursuant to Section 59-62-30 and school district administration shall develop plans to implement an Open Enrollment Choice Program as outlined in this chapter. However, nothing in this chapter shall prohibit a school district from implementing the open enrollment choice program prior to the 2009-10 school year.
(C) Based on the findings obtained from the pilot programs established in Section 59-62-30(C) and the implementation of district choice programs, the State Department of Education shall issue a report to the General Assembly by January 1, 2009. The report shall include, but not be limited to, districts participating in the pilot programs and number of students participating in new choice options, types of choice options being implemented in each school district, number of students participating in school district choice options, and recommended changes to this chapter, to include the basis for such recommendations.
Section 59-62-50. (A) Beginning with the 2009-10 school year and each succeeding school year, a parent residing in this State may enroll his child in a public school in any school district without the requirement of payment of tuition in the manner provided in this chapter.
(B) Each school district of the State shall participate in public school open enrollment consistent with this chapter. A parent of a school age child may apply to enroll his child in a school in a receiving district by submitting a written application, on a form provided by the State Department of Education, to the receiving district and to the district of residence postmarked not later than January fifteenth, for enrollment during the following school year for grades kindergarten through twelve. The application shall identify the reason for seeking enrollment in the receiving district. The parent may request a particular school or program as part of the application. However, the assignment of the student must be determined by the receiving school district based on capacity.
(C) If a parent of a school age child fails to file an application by the deadline established in subsection (A), and good cause exists for the failure to meet the deadline, the receiving district and the district of
(D) Upon agreement between the resident and the nonresident school boards, or between the affected schools within the resident district, the deadline for application may be waived.
(E) The parent of a school age child may withdraw the application at any time before the first day of the school year by giving written notice to the boards of the receiving district and the district of residence.
(F) The parent or guardian of the student approved to enroll shall confirm in writing to the nonresident school district by April first whether the student intends to enroll. Notice of intent to enroll in the nonresident district obligates the student to attend the nonresident district during the following school year, unless the boards of the resident and nonresident school districts agree in writing to allow the student to transfer back to the resident district, or good cause can be substantiated.
(G) A parent who applies and whose child is approved to enroll in a nonresident school district, but whose child fails to attend the nonresident district, is ineligible to apply again for enrollment in that nonresident district unless good cause can be substantiated.
Section 59-62-60. (A) Within ten working days of receiving an application, the receiving district shall notify the district of residence that it has received the application. This notification must include the grade level and school the student previously attended in the district of residence.
(B) The board of trustees of the receiving district shall take action no later than the last day of February of the school year preceding enrollment to approve or deny an application for admission in grades kindergarten through twelve.
(C) The board of the receiving district shall take action to approve or deny an application filed in accordance with Section 59-62-50 within forty-five days of the receipt of the application.
(D) The board of the receiving district shall notify the parent of the child and the board of the district of residence in writing within five working days after board action. In the case of denial, a written explanation of the denial must be included in the notification.
Section 59-62-70. (A) In implementing the provisions of this chapter, a student who currently resides in the attendance zone of a school must not be displaced by students transferring from outside the attendance zone.
(B) A school district is not required to:
(1) accept students residing outside the school district in excess of three percent of its highest average daily membership in any year over the preceding ten-year period. Accepting students residing outside the school district must be phased in at one-half of one percent of the district's previous year's average daily membership. Enrolled students residing outside the school district must continue to be counted in the receiving district's acceptance percentage until the student is no longer enrolled in a receiving district school;
(2) make alterations in the structure of a requested school;
(3) establish and offer a particular program in a school if the program is not currently offered in the requested school; or
(4) alter or waive an established eligibility criteria for participation in a particular program, including age requirements, course prerequisites, or required levels of performance.
(C) The school board of trustees shall adopt specific policies regarding capacity standards, standards of approval, and priorities of acceptance.
(1) Standards of approval may include consideration of the capacity of a program, class, or grade level. However, district standards for capacity must not be set less than seventy-five percent of those established in State Board of Education regulations. Standards must not be based on ethnicity, national origin, gender, income level, or include an applicant's athletic, artistic, or other extracurricular ability, disabling conditions, English proficiency level, or previous disciplinary proceedings, except that an expulsion from another district may be included. Standards may include an applicant's previous academic achievement only if enrollment in that program or school is based upon specific levels of performance uniformly applied to all seeking enrollment to that program or school.
(2) In developing priorities of acceptance, applications must be considered in the order they are received. However, in the assignment of students, priority must be given:
(a) first, to students residing within the district including students currently enrolled in private schools and home schools, but who desire to attend a school outside their attendance zone;
(b) second, to returning students who continue to meet the requirements for the program or school;
(c) third, to students who meet the requirements for the program or school and who seek to attend the designated school in the district's feeder pattern;
(d) fourth, to the siblings of students residing in the same household already enrolled in the school, provided that any siblings seeking priority under this section meet the requirements for the program or school; and
(e) fifth, to students whose parent or legal guardian is assigned to the school as his or her primary place of employment.
(D) A receiving school district only may deny resident students living outside the attendance zone or nonresident students permission to enroll for the following reasons:
(1) there is a lack of capacity in the district, school, or program requested;
(2) the school requested does not offer the appropriate programs or is not structured or equipped with the necessary facilities to meet special needs of a student;
(3) the student does not meet established eligibility criteria for participation in a particular program, including age requirements, course prerequisites, or required levels of performance;
(4) a voluntary or court-ordered desegregation plan is in effect for the school district, and the denial is necessary in order to enable compliance with the desegregation plan; or
(5) the student is expelled or is in the process of being expelled.
A denial of a request by the board of a receiving district is subject to appeal. The parent or legal guardian may appeal a denial to the State Board of Education within thirty days after the date the notification of denial was received by the parent or legal guardian. The State Board of Education shall promulgate regulations establishing the basis and procedures for hearing appeals.
(E) A sending school district only may deny resident students a transfer to a receiving district when the transfer would violate a voluntary or court-ordered desegregation plan in effect for that district.
(F) A district may not take any action to prohibit or prevent application by resident students to attend school in a nonresident school district or to attend another school within the resident district.
(G) Each board of trustees of a school district annually shall submit capacity figures for each of its schools to the State Department of Education. These figures must be used by the State Board of Education in addition to any other factors it considers appropriate in developing board policy to determine a school's capacity. Each district is responsible for annually posting school capacities on the district and school websites. Additionally, information regarding the current
Section 59-62-80. (A) A student approved for enrollment in a nonresident district school or program pursuant to this chapter is entitled to remain enrolled in that district until completion of the final grade within that school without being required to submit annual applications. Before completion of that final grade of the school, application for enrollment in the feeder school must be submitted pursuant to this chapter.
(B) A receiving district may terminate the enrollment of a nonresident student enrolled pursuant to this chapter at the end of a school year if the:
(1) student meets the definition of a habitual truant;
(2) student fails to comply with requirements for attending school or class;
(3) student has incurred multiple violations of, or one or more serious violations of, the receiving district's student code of conduct; or
(4) board of the district of residence, the board of the receiving district, and the parent having submitted the application for enrollment agree for any reason to terminate the enrollment.
Section 59-62-90. (A) The parent is responsible for transporting the student to and from the school. However, nothing in this chapter shall be construed as prohibiting resident districts or the receiving districts from providing bus transportation on any approved route and districts are encouraged to collaborate in the development of transportation plans for students whose parents are unable to provide transportation.
(B) Parents or guardians of students attending a receiving school district, whose family income is one hundred eighty-five percent or less of the federal poverty guidelines as promulgated annually by the U.S. Department of Health and Human Services, making them eligible for free or reduced-price lunches, shall be eligible for transportation services provided by the school district or shall be eligible for transportation reimbursement from the district with funds appropriated by the General Assembly for that purpose.
(C) With funds appropriated by the General Assembly, the State Department of Education shall reimburse receiving school districts for transportation expenses as provided in subsection (B) of this section. The rate of reimbursement shall be pursuant to State Board of Education regulations.
Section 59-62-100. (A) A student enrolled in a receiving district pursuant to this chapter must be included in the average daily membership of the receiving district for the purposes relating to the allocation of all state and federal education funding and must not be included in the average daily membership of the district of residence for these purposes.
(B) Districts shall receive one hundred percent of the base student cost from the State for nonresident students enrolled pursuant to this chapter.
Section 59-62-110. (A) A student enrolled in a receiving district pursuant to this chapter is ineligible to participate in interscholastic athletic contests and competitions for one calendar year after the student's date of enrollment in the receiving district or, if the student makes subsequent transfers, for one calendar year from the date of each transfer. This restriction does not apply to a student's initial transfer from his district of residence if the sport in which the student wishes to participate is not offered in the district of residence.
(B) A student may not gain eligibility to participate in extracurricular activities in violation of policies governing eligibility as a result of an enrollment transfer to another school district.
Section 59-62-120. (A) A receiving district shall accept credits for a course completed in another accredited school and shall apply those credits toward the student's requirements for graduation.
(B) The receiving district shall award a diploma to a nonresident student if the student meets all state requirements for graduation.
Section 59-62-130. Open enrollment does not preclude a school district from contracting with other school districts, educational service providers, or other state-approved entities for the provision of services. A child with a disability receiving services from another district pursuant to contract due to lack of appropriate programming in his resident school district is not eligible to transfer as an open enrollment student into the district currently providing services but is eligible to transfer as an open enrollment student into another district that has an appropriate program and has not reached enrollment capacity.
Section 59-62-140. The State Department of Education shall conduct an annual survey of districts to determine the number of students participating in the open enrollment program. The participants must be reported according to the number of resident students enrolling in a school other than the school in their attendance zone, the number of nonresident students enrolled, the number of denied applications,
Section 59-62-150. Implementation of this chapter each fiscal year is contingent upon the appropriation of adequate funding for implementation as documented by a fiscal impact statement provided by the Office of State Budget of the State Budget and Control Board to the General Assembly and the State Department of Education on or before April fifteenth of each year estimating the cost of implementation for the ensuing fiscal year; provided that for fiscal year 2007-2008 the cost of implementation shall be as determined in the fiscal impact statement of the act enacting this chapter. There is no mandatory financial obligation to public schools or public school districts with respect to this chapter if state funding is not appropriated for each fiscal year of implementation as provided for in the annual fiscal impact statement of the Office of the State Budget of the State Budget and Control Board provided for above.
Section 59-62-160. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITMIRE explained the amendment.
Rep. WALKER spoke in favor of the amendment.
The amendment was then adopted by a division vote of 76 to 15.
Rep. COBB-HUNTER raised the Point of Order that H. 3124, as amended by the adoption of Amendment No. 1, was out of order under House Rule 4.4 in that the Bill directly appropriated money and was required to be referred to the Ways and Means Committee.
Rep. WALKER argued contra.
Rep. E. H. PITTS proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\9914SSP07), which was tabled:
Amend the bill, as and if amended, Section 59-62-100(B), as contained in SECTION 1, page 3124-10, line 1, by deleting subsection (B) and inserting:
/ (B) When a student transfers from his district of residence to a receiving district, the district of residence shall transfer all federal, state, and local funding attributable to the student in his district of residence to the receiving district. Until the provisions of subsection (A) of this section take effect, no other state or local funding shall be provided to a receiving district as a result of a new enrollment allowed pursuant to this chapter. /
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
Rep. E. H. PITTS continued speaking.
Rep. F. N. SMITH spoke against the amendment.
Rep. GOVAN spoke against the amendment.
Rep. OTT spoke against the amendment.
Rep. OTT moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Battle Bedingfield Bingham Bowen Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chellis Clyburn Coleman Crawford Dantzler Davenport Delleney Duncan Edge Funderburk Gambrell Govan Hamilton Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Jefferson Jennings Kennedy Kirsh Knight Leach Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss J. H. Neal J. M. Neal Ott Parks Rutherford Sandifer Scott Sellers Simrill Skelton F. N. Smith G. M. Smith G. R. Smith W. D. Smith Stavrinakis Stewart Taylor Thompson Umphlett Vick Viers Walker Weeks Whipper White Williams Young
Those who voted in the negative are:
Ballentine Bannister Brantley Chalk Clemmons Cooper Cotty Frye Gullick Hagood Haley Hardwick Harrell Huggins Kelly Limehouse Littlejohn Mulvaney Owens Perry E. H. Pitts Rice Scarborough Shoopman
D. C. Smith J. R. Smith Spires Talley Toole Witherspoon
So, the amendment was tabled.
Rep. E. H. PITTS proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\9913SSP07), which was adopted:
Amend the bill, as and if amended, Section 59-62-20(4), as contained in SECTION 1, page 3124-2, line 22, after /./ by adding:
/However, when defining capacity, only permanent building structures are allowed in the calculation of capacity. /
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.
Reps. WALKER, W. D. SMITH, TALLEY, LITTLEJOHN, DAVENPORT, MAHAFFEY, KELLY and PINSON proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\ 20256SD07):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-610. As used in this article:
(1) 'Unsatisfactory public school' means a public school in the State that has received a rating of unsatisfactory as its absolute grade on its most recent annual report card pursuant to the Education Accountability Act.
(2) 'Parent' means the natural or adoptive parent or legal guardian of a child.
(3) 'Public school' means a public school in the State as defined in Section 59-1-120.
(4) 'Independent school' means a school, other than a public school, at which the compulsory attendance requirements of Section 59-56-10 may be met and that does not discriminate based on the grounds of race, color, or national origin.
Section 59-63-620. (A) A student is eligible to transfer to another public school that is not rated unsatisfactory or to an independent school if the student:
(1) has spent the prior school year in attendance at an unsatisfactory public school;
(2) attended another public school and has been assigned to attend an unsatisfactory public school;
(3) is entering kindergarten or first grade and has been assigned to an unsatisfactory public school;
(4) resides in an area zoned for an unsatisfactory school; or
(5) is determined by a school individual education plan (IEP) Team to be physically or mentally handicapped.
(B) A student who meets the criteria provided in subsection (A) may contact the Department of Education for a list of independent schools choosing to participate in the Educational Opportunity Scholarship Program and public schools.
Section 59-63-625. (A) If a student meets the criteria in Section 59-63-620 and chooses to transfer from an unsatisfactory public school:
(1) to another public school with capacity, the parent of the student shall apply to enroll the child in the school by submitting a written application, on a form provided by the State Department of Education, to the public school in which the child wishes to enroll and to the child's resident school. The application must be postmarked not later than January fifteenth for enrollment during the following school year for grades kindergarten through twelve; or
(2) to an independent school, the Department of Education shall issue a check to the independent school selected for the lesser of four thousand four hundred eighty-one dollars indexed each year to the consumer price index or the cost of tuition and fees at the independent school.
(B) Notwithstanding the provisions of subsection (A) or Section 59-63-620, if the student is determined by a school IEP Team to be physically or mentally handicapped and the special needs student chooses to transfer from his school district to:
(1) another public school with program capacity, the parent of the student shall apply to enroll the child in the school by submitting a
(2) an independent school, the Department of Education shall issue a check to the independent school selected for the lesser of an amount equal to the appropriate pupil classification weighting for that student pursuant to Section 59-20-40 multiplied by seventy-five percent of the projected state base student cost as promulgated by the Office of Research and Statistics or the cost of tuition and fees at the independent school.
(C) A student is not eligible to receive a scholarship pursuant to this article for purposes of participation in a home-schooling program.
Section 59-63-630. An independent school that accepts scholarship students pursuant to this article:
( 1) shall comply with the federal anti-discrimination law, pursuant to 42 U.S.C. Section 2000(d);
( 2) shall meet state and local health and safety laws and codes;
( 3) shall comply with state statutes relating to independent schools;
( 4) may employ, in its discretion, noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; a teacher teaching scholarship students in the core academic areas as defined by the federal No Child Left Behind law must be certified in those areas or possess a baccalaureate or graduate degree in the subject he or she is hired to teach;
( 5) must be academically accountable to the parent or guardian for meeting the education needs of the student;
( 6) shall administer to all students in the same grade level as the scholarship student state assessments approved by the us department of education for south carolina to administer for meeting the assessment requirements of no child left behind, and provide to each parent their child's individual score report;
( 7) shall adhere to the tenets of the school's published disciplinary procedures prior to the expulsion of an educational opportunity scholarship program participant;
( 8) shall accept all scholarship students on a random, religious neutral basis, without regard to the student's past academic history, with preference given to siblings of other scholarship students; if insufficient seats are available to accommodate all scholarship students
( 9) may not charge additional tuition or fees above the amount of the educational opportunity scholarship solely for the purpose of a scholarship student enrolling in or attending the school; however, nothing in this article prohibits charging fees for childcare that may be provided outside the times of the instructional day provided by the school.
(10) may not compel a scholarship student to profess a specific ideological belief, to pray, or to worship; and
(11) shall demonstrate their financial viability by showing they can repay funds that might be owed to the State, if they are to receive more than fifty thousand dollars in scholarship payments during the school year by filing with the Department of Revenue, before the beginning of the school year:
(a) a surety bond payable to the State in an amount equal to the aggregate amount of scholarship revenue expected to be paid to the school during the school year; or
(b) financial information that demonstrates that the school has the ability to pay an aggregate amount equal to the amount of scholarship revenue expected to be paid to the school during the school year.
Section 59-63-633. To ensure that schools provide academic accountability to parents of students in the educational opportunity scholarship program, participating schools annually shall administer the required state assessments in math and language arts to each student participating in the program. Participating schools publicly shall disclose the aggregate results of the tests by grade level and provide the parents of each student with a copy of the results.
Section 59-63-635. (A) An unsatisfactory public school shall:
(1) notify the parent of a student if the school is considered an unsatisfactory public school pursuant to Section 59-63-610; and
(2) present the parent with his options of:
(a) sending the student to another public school;
(b) sending the student to an independent school; or
(c) continuing the student's enrollment at the unsatisfactory school.
(B) The parent of the student shall:
(1) notify the Department of Education and the school district of the decision to transfer the student from an unsatisfactory public school to another public school or an independent school, or from a
(2) have access to the aggregate testing information for the school in which the parent seeks to enroll the child.
(C) The student shall remain in attendance throughout the school year, unless excused for illness or good cause, and shall comply with the school's code of conduct. For purposes of this section, 'good cause' means:
(1) a change in a child's residence due to a change in parent or guardian's residence;
(2) a change in a child's parent's marital status;
(3) a change caused by a guardianship or custody proceeding;
(4) placement of a child in foster care;
(5) adoption;
(6) participation by a child in a foreign exchange program;
(7) participation by a child in a substance abuse or mental health treatment program;
(8) revocation of a charter school contract; or
(9) another set of circumstances consistent with this definition of 'good cause'.
(D) Both public and independent schools are required to provide, at no charge, transportation services to scholarship students in the same manner as such services are provided to other currently enrolled students.
Section 59-63-637. The Department of Education shall make scholarship payment by check payable to the school at which the scholarship is to be used in the same manner as payments are made by the department to public schools. The check may be delivered or mailed by the department to the school at which the scholarship is to be used.
Section 59-63-640. Once a student transfers from an unsatisfactory school pursuant to this article, the student is eligible for the scholarship program until he graduates from high school regardless of a subsequent change in the rating of the school from which he transferred.
Section 59-63-645. If a qualifying student's enrollment in an independent school is terminated before the end of the school year, the independent school shall pay to the State Department of Education on a pro rata basis any excess tuition paid.
Section 59-63-650. (A) Annually, the State Budget and Control Board shall provide for the preparation of a report on the impact of the implementation of this article on school enrollment and state and local
(1) change in public school enrollment, by school district, attributable to this article; and
(2) amount of funds the State would have expended for public schools under the education funding formula in existence on or before the enactment of this article and the amount actually expended by the State in public schools.
(B) The report must be submitted by December first of each year 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, the Chairman of the House Education and Public Works Committee, and the State Superintendent of Education.
Section 59-63-655. (A)(1) In addition to the annual report as provided in Section 59-63-650, the State Budget and Control Board shall provide for a long-term evaluation of the impact of this article. The evaluation must be conducted by contract with one or more qualified persons or entities with previous experience evaluating school choice programs. The evaluation must be conducted for a minimum of five years, with annual updates provided, beginning with the enactment of this article. The evaluation must include a survey of parents and students using the survey instrument as specified in Section 59-18-900(D) of the Education Accountability Act of 1998 and must also include an assessment of the:
(a) impact of the provisions of this article on public school districts, public school students, independent schools, and independent school students; and
(b) impact of the provisions of this article on school capacity, availability, and quality.
(2) The evaluation must protect the identity of students by, at a minimum, keeping anonymous all disaggregated data other than that for the categories of grade, gender, race, and ethnicity. The evaluation must assess the success of the school in moving a student to advanced in language arts and math, as measured by required state assessments.
(B) State and local government entities and participating schools shall cooperate with the persons or entities conducting the evaluation provided for in subsection (A). Cooperation includes providing available student assessment results and other information needed to complete the evaluation. Failure to provide requested information will
(C) The State Budget and Control Board shall pay the cost of the evaluation from funds made available to it for that purpose by the General Assembly.
(D) By January thirty-first of each year, the State Budget and Control Board shall provide to each member of the General Assembly and to the State Superintendent of Education results of the annual evaluation. Upon completion of the long-term evaluation, the State Budget and Control Board shall provide a final report to each member of the General Assembly and to the State Superintendent of Education. At the same time as the final report is made public, the persons or entities who conducted the evaluation must make their data and methodology available for public review and inspection, but only if the release of the data and methodology is in compliance with 20 U.S.C. Section 1232(g), Family Educational Rights and Privacy Act of 1974.
Section 59-63-660. The provisions of this article regarding independent schools only apply to independent schools that choose to accept scholarship students."
B. (A) A qualifying independent school that accepts students benefiting from scholarships provided in Article 6, Chapter 63 of Title 59 is not an agent or arm of the state or federal government.
(B) Except as provided by Article 6, Chapter 63 of Title 59, the Department of Education, Budget and Control Board, or any other state agency may not regulate the educational program of a qualifying independent school that accepts students pursuant to Article 6, Chapter 63 of Title 59.
C. Implementation of Article 6, Chapter 63 of Title 59 is contingent upon the appropriation of adequate funding as documented by the fiscal impact statement provided by the Office of State Budget of the State Budget and Control Board to the act enacting Article 6, Chapter 63 of Title 59. There is no mandatory financial obligation to public or independent schools with respect to Article 6, Chapter 63 of Title 59 if state funding is not appropriated for implementation as provided for in the fiscal impact statement of the Office of the State Budget of the State Budget and Control Board.
D. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this section is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this
Rep. WALKER explained the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. MILLER raised the Point of Order that Amendment No. 4 was out of order in that it was in violation of Article VI, Section 4 of the South Carolina Constitution.
SPEAKER PRO TEMPORE W. D. SMITH stated that the Point of Order did not deal with a procedural issue of the House, instead it was a substantive constitutional issue that only a court could rule on. He therefore overruled the Point of Order.
Rep. SCOTT moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Bowers Brady Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Funderburk Gambrell Govan Gullick Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Kennedy Kirsh Knight
Littlejohn Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Ott Parks Perry Rutherford Sandifer Scott Sellers F. N. Smith Stavrinakis Vick Weeks Whipper Whitmire Williams
Those who voted in the negative are:
Ballentine Bannister Bedingfield Bingham Bowen Brantley Cato Ceips Chalk Chellis Clemmons Cooper Crawford Dantzler Davenport Delleney Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Kelly Leach Limehouse Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens Pinson E. H. Pitts Rice Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Witherspoon Young
So, the House refused to table the amendment.
Rep. GOVAN spoke against the amendment.
Rep. MERRILL moved cloture on the entire matter.
Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Bedingfield Bingham Bowen Cato Ceips Chalk Chellis Clemmons Cooper Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Kelly Leach Limehouse Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Toole Umphlett Viers White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Battle Bowers Brady Branham Brantley Breeland G. Brown R. Brown
Clyburn Cobb-Hunter Coleman Cotty Funderburk Govan Hart Harvin Hayes Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Knight Littlejohn Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Perry Pinson Rutherford Scott Sellers Skelton F. N. Smith Stavrinakis Thompson Vick Walker Weeks Whipper Williams
So, cloture was ordered.
Rep. COOPER moved that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 4, cloture having been ordered.
The Senate returned to the House with concurrence the following:
H. 3805 (Word version) -- Reps. Hiott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-
At 5:15 p.m. the House, in accordance with the motion of Rep. CLYBURN, adjourned in memory of Lizzie L. Dennis of Aiken, to meet at 10:00 a.m. tomorrow.
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