Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 78:23: "Yet he commanded the skies above and opened the doors of heaven."
Let us pray. Unchanging God, lead, direct, inspire, forgive and renew. These things we ask of You, O Lord, to surround these men and women with all You have. Continue to bless and guide them in making decisions for our great State and her people. Strengthen them for continued duty and safely see them through this day and their journey home to family. We give thanks for those who contributed to our "Defenders of Freedom Fund" for our troops to return home for goodbyes. Bless our Nation, President, State, Governor, Speaker and all who serve 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. KNIGHT moved that when the House adjourns, it adjourn in memory of Audrey Horne of St. George, which was agreed to.
The House stood in silent prayer for Representative James Smith and his compatriots and to wish them Godspeed as they prepare for deployment to Afghanistan.
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
March 27, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Beer Wholesalers Association, the Members and staff of the South Carolina House of Representatives are invited to a BBQ and Reception. This event will be held on Tuesday, May 1, 2007, from 6:00 p.m. until 9:00 p.m. at the SC Beer Wholesalers Association Office, 1114 College Street.
Sincerely,
James L. Wicks
Chairman
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Child Care Association, the Members and attaches of the South Carolina House of Representatives are invited to a luncheon. This event will be held on Wednesday, May 2, 2007, from 12:00 noon until 2:00 p.m. in Room 208 of the Blatt Building.
Sincerely,
Shannon S. Erickson
President
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Victims Assistance Network, the Members of the South Carolina House of Representatives are invited to a luncheon. This event will be held on Wednesday, May 2, 2007, from 12:45 p.m. until 1:30 p.m. on the North Lawn of the State House grounds.
Sincerely,
Sandi S. Wofford
Director
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the John de la Howe School, the Members and select staff of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, May 3, 2007, from 8:00 a.m. until 10:00 a.m. in Room 208 of the Blatt Building.
Sincerely,
Mark S. Williamson, MBA
Superintendent
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Manufacturers Alliance, the Members of the South Carolina House of Representatives are invited to a luncheon. This event will be held upon adjournment on Tuesday, May 8, 2007, at the Summit Club.
Sincerely,
Lewis F. Gossett
President
March 27, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Conservation Community of SC, the Members of the South Carolina House of Representatives are invited to an Oyster Roast. This event will be held on Tuesday, May 8, 2007, from 6:00 p.m. until 9:00 p.m. at the Seibels House and Gardens.
Sincerely,
Christie McGregor
Legislative Director
SC Coastal Conservation League
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC HIV/AIDS Care Crisis Task Force, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 9, 2007, from 8:00 a.m. until 10:00 a.m. in Room 208 of the Blatt Building.
Sincerely,
Bambi W. Gaddist, DrPH
Task Force Liaison
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Palmetto Agriculture and Food Industry Council, the Members and attaches of the South Carolina House of Representatives are invited to a "South Carolina Taste" luncheon. This event will be held on Wednesday, May 9, 2007, from 11:00 a.m. until 2:00 p.m. on the State House grounds.
Sincerely,
Brook Spires
Chairman
March 27, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of Beach Music Association International, the Members and staff of the South Carolina House of Representatives are invited to the 7th Annual Beach Music Day Reception and Concert. This event will be held on Tuesday, May 15, 2007, beginning at 6:00 p.m. at the Clarion Town House.
Sincerely,
Harry Turner
President
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Hospitality Association of SC, the Members and attaches of the South Carolina House of Representatives are invited to a "Taste of South Carolina" luncheon. This event will be held on Wednesday, May 16, 2007, from 12:00 noon until 2:00 p.m. on the State House grounds.
Sincerely,
Douglas O'Flaherty
Director of Operations
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Associated Marine Institutes of SC, the Members and attaches of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, May 17, 2007, from 8:00 a.m. until 10:00 a.m. in Room 208 of the Blatt Building.
Sincerely,
Fred N. Hanna, P.E.
Chairman
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of BlueCross/BlueShield of SC, the Members, staff and family of the South Carolina House of Representatives are invited to the "14th Annual Legislative Softball Game and Picnic." This event will be held on Wednesday, May 16, 2007, beginning at 6:00 p.m. at Capital City Stadium.
Sincerely,
M. Edward Sellers
Chairman, President & CEO
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Electric, Telephone and Gas Utilities of SC, the Members and staff of the South Carolina House of Representatives are invited to a "Spring Fling" event. This event will be held on Tuesday, May 22, 2007, beginning at 6:00 p.m.
Sincerely,
Gene Upchurch, Vice President
State Public Affairs & Economic Development Department, Progress Energy
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Association of School Administrators, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 23, 2007, from 8:00 a.m. until 10:00 a.m. in Room 208 of the Blatt Building.
Sincerely,
Molly M. Spearman
Executive Director
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Emergency Medical Association, the Members and attaches of the South Carolina House of Representatives are invited to a luncheon. This event will be held on Wednesday, May 23, 2007, from 12:00 noon until 2:00 p.m. on the State House grounds.
Sincerely,
Scott Lesiak
President
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Association of Certified Public Accountants, the Members of the South Carolina House of Representatives are invited to a reception. This event will be held on Wednesday, May 23, 2007, from 6:00 p.m. until 7:00 p.m. at the Clarion Town House.
Sincerely,
Erin P. Hardwick
Executive Director
March 29, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Hollings Cancer Center at the Medical University of SC, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, May 24, 2007, from 8:00 a.m. until 10:00 a.m. in Room 208 of the Blatt Building.
Sincerely,
Dr. Andrew S. Kraft, Director
William H. Folk, M.D., Chair in Experimental Oncology
The following was received:
Columbia, S.C., March 29, 2007
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:42 p.m. today for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. J. R. SMITH the invitation was accepted.
The SPEAKER ordered the following Veto printed in the Journal:
March 28, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 3226 (Word version), R. 12.
I do not object to Section 1 of the Bill. That section simply provides that state, county or municipal officials would not have to vacate their seat due to a conflict of interest regarding a particular issue, so long as they complied with the recusal requirements of Section 8-13-740(A). While I do not object to Section 1, I do not think it is necessary since current law already provides for recusal in cases of conflict of interest.
I do object, however, to Section 2 of the Bill. This section allows an individual or business associated with a county official to represent a client before a governmental entity on which that official serves. I also object to Section 3 of the Bill in that it opens the same door for advocates associated with municipal officials. These sections are intended to reverse an opinion (SEC AO2006-002) issued last year by the South Carolina State Ethics Commission.
Proponents of the Bill contend that an ethical problem would be avoided if officials simply recused themselves from voting on the particular matter in which their business or associate was involved. But in such cases there is, at a minimum, an appearance of impropriety that undermines public confidence in the integrity and impartiality of the process.
I also think that Sections 2 and 3 of the Bill create opportunities for actual mischief. An official who has recused himself from a matter can still, and often does, influence its outcome. Recusal does not necessarily result in a lack of influence over an outcome. Consider, for example, a case where a law firm represents a developer interested in amending a zoning law to increase density in order to gain millions of dollars in market value, and where a member of that same firm serves on the zoning board. It is not difficult to imagine that lawyer-board member, even after recusal, giving in to the temptation to influence that outcome. That may well be human nature, but we should not be in the business of putting our elected decision-makers in such situations.
The bottom line is that if H. 3226 becomes law and last year's ethics opinion is reversed, then there will be a tendency for those wanting something from a municipal or county government entity to hire someone who has business ties to someone who serves on that entity, with the expectation of deferential treatment. This would be a move toward a system that depends on "who you know" and away from one where a decision is based on merit.
I am convinced that H. 3226 would undermine the public's confidence in the integrity and impartiality of the governments decision-making process at the state and county level, and would also create incentives for mischief by public officials. For these reasons, I am vetoing the Bill.
Sincerely,
Mark Sanford
Governor
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 415 (Word version) -- Senators Cleary, Ryberg, Ritchie, Knotts, Leventis, O'Dell, Malloy, Mescher, Cromer, Lourie, Patterson, Matthews, Vaughn, Pinckney and Thomas: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS TO REQUIRE THE DEPARTMENT OF DEFENSE TO DEVELOP AN EFFICIENT AND EXPEDITIOUS SYSTEM THAT PROVIDES SOLDIERS WHO ARE CAPTURED BY ANY OPPOSING FORCE WITH AN APPROPRIATE AND UNIFORM DESIGNATION, ENSURES THAT ALL NECESSARY ACTIONS ARE TAKEN TO ADVOCATE THEIR FAIR AND HUMANE TREATMENT WHILE CAPTURED, AND PROVIDES CARE AND COMPASSION TO THE SOLDIERS' FAMILIES AND ENSURES CONTINUITY OF ENTITLED BENEFITS.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
The following was introduced:
H. 3807 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE WILLIAM DUPREE ATKINSON III OF MULLINS FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA, AND TO EXTEND BEST WISHES TO HIM IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 3808 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Lowe: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF MILLER ROAD IN SUMTER COUNTY FROM ITS INTERSECTION WITH BROAD STREET TO ITS INTERSECTION WITH GUIGNARD DRIVE "T. L. 'LUKE' ROGERS HIGHWAY", AND ERECT APPROPRIATE SIGNS OR MAKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "T. L. 'LUKE' ROGERS HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3809 (Word version) -- Reps. Davenport, Walker, Littlejohn, Mahaffey, Kelly, Talley, Mitchell and W. D. Smith: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE SPARTANBURG CHRISTIAN ACADEMY BATTLE OF THE BRAINS TEAM ON ITS OUTSTANDING WIN OF THE 2007 BATTLE OF THE BRAINS COMPETITION, AND TO WISH ITS MEMBERS ALL THE BEST IN FUTURE COMPETITIONS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 623 (Word version) -- Senators Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MARY NELL CAMPBELL KREPS, COMPASSIONATE AND DEDICATED NURSE AND HEALTH PROFESSIONAL TO THE SOUTH CAROLINA GENERAL ASSEMBLY FOR TWENTY YEARS, AND TO DIRECT THE CLERK OF THE SENATE AND THE CLERK OF THE HOUSE OF REPRESENTATIVES TO PLACE AN APPROPRIATE PLAQUE MEMORIALIZING THE SERVICE OF MARY NELL CAMPBELL KREPS IN THE STATE HOUSE HEALTH SERVICES OFFICE.
Whereas, Mary Nell Campbell Kreps was born in Camden, South Carolina, December 22, 1926, to Herbert Allyson and Mabel Henning Campbell, and died March 7, 2007; and
Whereas, Mrs. Kreps was married to the late Muller O. J. Kreps, III, and the couple had four children, four grandchildren and two great-grandchildren; and
Whereas, Mrs. Kreps received her nurses training from the Columbia Hospital and was a Registered Nurse at the Providence Hospital in Columbia; and
Whereas, Mrs. Kreps was a member of St. Michael and All Angels Episcopal Church for twenty-eight years; and
Whereas, Mrs. Kreps began her relationship with the South Carolina General Assembly as a dependable and trustworthy aide to Senators Warren Giese and Ernest Passailaigue in 1988 and also served Lawrence Richter; and
Whereas, Mrs. Kreps also served the General Assembly as the primary health professional and as a compassionate and dedicated nurse for twenty years; and
Whereas, Nurse Kreps instructed the Sergeant-at-Arms staff of both the South Carolina Senate and the South Carolina House of Representatives in CPR, First Response Medical Emergency Training, and other life saving techniques; and
Whereas, during her service at the State House, Nurse Kreps became a loyal and dedicated friend to many members of the General Assembly, Constitutional Officers, and Governors; and
Whereas, during her free time, Mrs. Kreps was an active member of the United States Tennis Association Columbia Tennis League, an avid bridge player, and an advocate of maintaining a regular aerobic exercise program; and
Whereas, Mary Nell Campbell Kreps will be missed by her many friends and loving family. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, express their deep sorrow upon the death of Mary Nell Campbell Kreps, devoted friend and dedicated employee, and convey their deepest sympathy to her family and friends, as she will be genuinely missed.
Be it further resolved that the Clerk of the Senate and the Clerk of the House of Representatives, by this resolution, are directed to place an appropriate plaque memorializing the service of Mrs. Mary Nell Kreps in the State House Health Services Office.
Be it further resolved that a copy of this resolution be forwarded to the family of Mrs. Mary Nell Campbell Kreps.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3810 (Word version) -- Reps. Hagood, Stavrinakis, Limehouse and Scarborough: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT THE OWNER-OCCUPANT OF RESIDENTIAL PROPERTY QUALIFIES FOR THE SPECIAL FOUR PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY IF THE OWNER HAS MADE THE PROPER CERTIFICATE TO THE COUNTY ASSESSOR AND THE RESIDENCE IS THE OWNER'S ADDRESS ON THE OWNER'S SOUTH CAROLINA DRIVER'S LICENSE OR VOTER REGISTRATION CARD, IS THE ADDRESS ON THE OWNER'S PERSONAL PROPERTY TAX NOTICES, AND THE RESIDENCE IS NOT RENTED FOR MORE THAN NINETY DAYS A YEAR, AND ALLOW THE ASSESSOR TO REQUIRE A COPY OF THE APPLICANT'S FEDERAL INCOME TAX RETURN SCHEDULE E FOR THE APPLICABLE YEAR TO DETERMINE ELIGIBILITY, AND TO DELETE OTHER REFERENCES TO RENTAL OF THESE RESIDENCES; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION ON DISCLOSURE OF TAX RETURNS AND REPORTS AND THE EXCEPTIONS, SO AS TO ALLOW VERIFICATION OF SCHEDULE E DATA.
Referred to Committee on Ways and Means
H. 3811 (Word version) -- Reps. Gullick, Simrill, Kirsh and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-265 SO AS TO REQUIRE WITHIN FIVE DAYS AFTER THE FILING OF A NEW OR CHANGED RATE SCHEDULE FOR WATER OR SEWER SERVICE PROVIDED BY A PRIVATELY-OWNED PUBLIC UTILITY, THE UTILITY SHALL MAKE AVAILABLE CERTAIN INDEPENDENTLY-AUDITED FINANCIAL STATEMENTS AND CONSOLIDATED FINANCIAL STATEMENTS FOR PUBLIC INSPECTION IN A CERTAIN MANNER FOR A CERTAIN PERIOD OF TIME.
Referred to Committee on Labor, Commerce and Industry
H. 3812 (Word version) -- Reps. G. M. Smith, Weeks and Ceips: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS.
Referred to Committee on Ways and Means
H. 3813 (Word version) -- Reps. G. R. Smith, Taylor, Duncan, Haskins, Leach, Brady, Brantley, Hamilton and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 47 SO AS TO ENACT THE "SOUTH CAROLINA ANIMAL ECOLOGICAL TERRORISM ACT" WHICH PROVIDES CIVIL AND CRIMINAL PENALTIES FOR PERSONS ENCOURAGING, FINANCING, ASSISTING, OR ENGAGING IN ACTS OF ANIMAL AND ECOLOGICAL TERRORISM AS DEFINED IN THE CHAPTER, AND REQUIRES THE ESTABLISHMENT OF A REGISTRY OF ANIMAL AND ECOLOGICAL TERRORISTS WITHIN THE OFFICE OF THE ATTORNEY GENERAL.
Referred to Committee on Judiciary
H. 3814 (Word version) -- Rep. Howard: A BILL TO AMEND SECTION 16-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR CERTAIN PROSTITUTION OFFENSES, SO AS TO PROVIDE A SEPARATE PENALTY SCHEME FOR SOLICITATION OF PROSTITUTION INCREASING SECOND OR SUBSEQUENT OFFENSES TO FELONY STATUS.
Referred to Committee on Judiciary
H. 3815 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 1, TITLE 1 SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO LIFE IS VESTED IN EACH BORN AND PREBORN HUMAN BEING AT FERTILIZATION, AND THAT THE RIGHTS OF DUE PROCESS AND EQUAL PROTECTION, GUARANTEED BY ARTICLE I, SECTION 3 OF THE CONSTITUTION OF THIS STATE, ARE VESTED IN EACH BORN AND PREBORN HUMAN PERSON AT FERTILIZATION; AND TO DEFINE "HUMAN BEING" AND "HUMAN PERSON" INCLUDING EVERY MEMBER OF THE SPECIES HOMO SAPIENS AT ALL STAGES OF LIFE, INCLUDING AT FERTILIZATION.
Referred to Committee on Judiciary
H. 3816 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO INCREASE THE AMOUNT OF DEBTOR'S INTEREST IN CERTAIN DELINEATED PROPERTIES THAT ARE EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ORDER OF A COURT OR AS A RESULT OF A BANKRUPTCY PROCEEDING.
Referred to Committee on Judiciary
H. 3817 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR COPPER PIPE, SO AS TO INCLUDE ALUMINUM AND PRODUCTS CONTAINING A MIXTURE OF COPPER AND ALUMINUM AND TO PROVIDE AN EXCEPTION FOR ALUMINUM CANS.
Referred to Committee on Labor, Commerce and Industry
H. 3818 (Word version) -- Reps. Bowers and Brantley: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO PROVIDE THAT THE TRUSTEES, AT THEIR DISCRETION, MAY RECEIVE AN ANNUAL SALARY UP TO THREE THOUSAND DOLLARS.
Referred to Hampton Delegation
H. 3819 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-260 SO AS TO PROVIDE FOR THE IMPOSITION OF A FIVE-DOLLAR DAILY OCCUPATION TAX ON THE NONOWNER OCCUPANT OF A VACATION TIME-SHARING UNIT, TO BE ADMINISTERED, REPORTED, PAID, COLLECTED, DEPOSITED, AND DISTRIBUTED IN THE SAME MANNER AS THE ACCOMMODATIONS TAX.
Referred to Committee on Ways and Means
H. 3820 (Word version) -- Reps. Cato, Viers, Clemmons, Bales, Hardwick, Miller, Haley, Perry, Leach, Anderson, Witherspoon, Barfield, Battle, Dantzler, Edge and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "OMNIBUS COASTAL PROPERTY INSURANCE REFORM ACT OF 2007"; BY ADDING ARTICLE 11 TO CHAPTER 6, TITLE 12 SO AS TO ALLOW AN INSURANCE POLICYHOLDER TO ESTABLISH A CATASTROPHE SAVINGS ACCOUNT, TO DEFINE QUALIFIED CATASTROPHE SAVINGS EXPENSES AND QUALIFIED DEDUCTIBLE, AND TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR DEPOSITS MADE INTO A CATASTROPHE SAVINGS ACCOUNT; BY ADDING SECTION 12-6-3660 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR COSTS INCURRED TO RETROFIT A LEGAL RESIDENCE TO MAKE IT MORE RESISTANT TO LOSS DUE TO HURRICANE, RISING WATER, OR OTHER CATASTROPHIC WIND EVENT; BY ADDING SECTION 12-6-3670 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO THE INSURANCE PREMIUM COSTS INCURRED BY THE TAXPAYER; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A THREE PERCENT SALES TAX ON SPECIFIED BUILDING MATERIALS USED ON HOMES TO MITIGATE DAMAGE FROM WIND; TO DESIGNATE SECTIONS 38-3-10 THROUGH 38-3-240 AS ARTICLE 1, CHAPTER 3, TITLE 38 AND ENTITLED "GENERAL PROVISIONS"; BY ADDING ARTICLE 3 TO CHAPTER 3, TITLE 38 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE HAS AUTHORITY TO ISSUE GENERAL ORDERS APPLICABLE TO ALL INSURANCE COMPANIES AFTER THE GOVERNOR DECLARES A STATE OF EMERGENCY; TO PROVIDE THAT THE DEPARTMENT BY ORDER, MAY ADOPT ANY RULE THAT FACILITATES RECOVERY FROM THE EMERGENCY; TO PROVIDE THAT THE DEPARTMENT SHALL ADOPT RULES STANDARDIZING REQUIREMENTS THAT MAY BE APPLIED TO INSURERS AFTER A HURRICANE, ADDRESSING CLAIMS REPORTING REQUIREMENTS, GRACE PERIODS FOR PAYMENT OF PREMIUMS, TEMPORARY POSTPONEMENT OF CANCELLATIONS AND NONRENEWAL, AND ANY OTHER RULE THE DIRECTOR CONSIDERS NECESSARY; BY ADDING SECTION 38-7-200 SO AS TO ALLOW TAX CREDIT INCENTIVES TO INSURANCE COMPANIES THAT PROVIDE FULL INSURANCE COVERAGE TO PROPERTY OWNERS ALONG THE COAST OF SOUTH CAROLINA, SPECIFYING THE AMOUNT OF THE CREDIT, AND ALLOWING UNUSED CREDITS TO BE APPLIED IN SUCCEEDING TAXABLE YEARS UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-75-755 SO AS TO REQUIRE INSURERS TO DISCLOSE ALL AVAILABLE DISCOUNTS TO THE INSURED; TO AMEND SECTION 38-73-260, AS AMENDED, SO AS TO CLARIFY THAT RATES FALLING WITHIN THE SEVEN PERCENT FLEX-BAND LIMITATION REMAIN SUBJECT TO THE PROHIBITION AGAINST RATES NOT BEING EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY AND THAT THE DEPARTMENT MAY CONSIDER THE RATE IMPACT ON INDIVIDUALS AND TERRITORIES WHEN DETERMINING WHETHER A RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY; TO AMEND SECTION 38-73-1095, RELATING TO ESSENTIAL PROPERTY INSURANCE AND RATING PLAN FACTORS, SO AS TO PROVIDE DISCOUNTS FOR RETROFITTING PROPERTY; TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO CLARIFY THE DEFINITIONS OF INSURABLE PROPERTY AND COASTAL AREA RELATING TO ELIGIBILITY FOR COVERAGE BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO CLARIFY THE PURPOSE OF ARTICLE 5; TO CLARIFY THAT THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION SHALL PROVIDE WIND AND HAIL INSURANCE FOR RESIDENTIAL AND COMMERCIAL PROPERTY TO APPLICANTS UNABLE TO PROCURE IT IN THE COASTAL AREAS OF THIS STATE; TO PROVIDE INFORMATION THAT MUST BE ADDRESSED IN THE PLAN OF OPERATION; TO MAKE TECHNICAL CHANGES; TO PROVIDE FOR ADDITIONAL GENERAL CORPORATE POWERS AND DUTIES FOR THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO PROVIDE THAT RATES CHARGED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION BE ESTABLISHED AT A SELF-SUSTAINING LEVEL; TO PROVIDE OBJECTIVE STANDARDS FOR EXPANDING THE TERRITORY COVERED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO AMEND ARTICLE 8, CHAPTER 75, TITLE 38, RELATING TO THE ADVISORY COMMITTEE TO THE DIRECTOR AND THE SOUTH CAROLINA BUILDING CODES COUNCIL AND LOSS MITIGATION GRANT PROGRAM, SO AS TO MODIFY THE MEMBERSHIP OF THE ADVISORY COMMITTEE AND TO CLARIFY THAT THE CONTINUED EXISTENCE OF THE PROGRAM IS SUBJECT TO ANNUAL LEGISLATIVE APPROPRIATIONS; TO CLARIFY THAT THE PURPOSE IS TO PROVIDE FOR ONGOING TRAINING FOR INSPECTORS AND FOR OTHER PURPOSES CONSISTENT WITH THE ARTICLE; TO ESTABLISH THE "SOUTH CAROLINA HURRICANE GRANT DAMAGE MITIGATION PROGRAM" WHICH PROVIDES FOR A GRANT PROGRAM FOR THE MITIGATION OF DAMAGE TO OR THE ENHANCEMENT OF MANUFACTURED HOMES; TO PROVIDE FOR MATCHING GRANTS TO ENCOURAGE SINGLE-FAMILY SITE-BUILT HOMES TO RETROFIT TO REDUCE THE STRUCTURE'S VULNERABILITY TO A HURRICANE; TO PROVIDE MATCHING GRANT FUNDS TO LOCAL GOVERNMENTS FOR PROJECTS THAT REDUCE HURRICANE DAMAGE TO SINGLE-FAMILY SITE-BUILT RESIDENTIAL PROPERTY; TO PROVIDE THAT IN ADDITION TO STATE APPROPRIATIONS AND OTHER POTENTIAL GRANT FUNDS, THE PREMIUM TAXES PAID BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION AND ONE PERCENT OF THE COMMISSIONS PAID TO PRODUCERS MUST BE USED TO FUND THIS PROGRAM ANNUALLY; TO AMEND SECTION 38-75-1140, RELATING TO THE EVALUATION OF NATURAL HAZARD CATASTROPHE MODELS AND REQUIREMENTS FOR MODELING ORGANIZATIONS, SO AS TO REQUIRE MODELERS TO PROVIDE THE DEPARTMENT WITH A LIST OF VARIABLES THAT ARE SUBJECT TO INSURER INPUT WITH THEIR FILING AND TO PROVIDE THAT THE DEPARTMENT MAY IMPOSE A FEE ON MODELERS AND INSURERS TO RECOVER THE COSTS OF EVALUATING HURRICANE MODELS; AND TO AMEND SECTION 38-75-1160, RELATING TO NOTICE REQUIREMENTS AND EXCEPTIONS BEFORE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE, SO AS TO INCREASE THE TIME PERIOD FOR NOTIFYING AN INSURED OF THE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE.
Referred to Committee on Labor, Commerce and Industry
S. 324 (Word version) -- Senators McGill and Knotts: A BILL TO AMEND SECTION 59-26-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS CERTIFICATION, SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS), BUT NOT YET CERTIFIED BY THE STATE, SHALL RECEIVE AN INCREASE IN PAY EQUAL TO TWO-THIRDS OF THE AMOUNT PROVIDED FOR STATE-CERTIFIED TEACHERS WHO ALSO ARE NBPTS CERTIFIED.
Referred to Committee on Education and Public Works
On motion of Rep. BREELAND, with unanimous consent, the following was taken up for immediate consideration:
H. 3821 (Word version) -- Reps. Breeland, Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, 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, Hiott, 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, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO DESIGNATE APRIL 11, 2007, AS OMEGA DAY AT THE SOUTH CAROLINA CAPITOL IN HONOR OF THE WORTHY HERITAGE AND MANY ACCOMPLISHMENTS OF THE MEMBERS OF OMEGA PSI PHI FRATERNITY.
Whereas, on Friday evening, November 17, 1911, three Howard University undergraduate students, with the assistance of their faculty advisor, gave birth to the Omega Psi Phi Fraternity; and
Whereas, the three liberal arts students were Edgar A. Love, Oscar J. Cooper, and Frank Coleman, with Professor Ernest E. Just being faculty advisor; and
Whereas, from the initials of the Greek phrase meaning "friendship is essential to the soul," the name of Omega Psi Phi was derived, and this phrase was selected as the fraternity's motto; and
Whereas, manhood, scholarship, perseverance, and uplift were adopted as the fraternity's cardinal principles; and
Whereas, Edgar A. Love became the first Grand Basileus (National President), Oscar J. Cooper was named Grand Keeper of the Records (National Secretary), and Frank Coleman was selected Grand Keeper of the Seals (National Treasurer); and
Whereas, "Omega Dear" was adopted as the fraternity's official hymn in 1931; and
Whereas, since the days of its founding, many members of Omega Psi Phi Fraternity have excelled in the fields of their calling, even to this day, and there are very few Americans whose lives have not been touched by a member of this fine fraternal organization during its nearly one-hundred-year history; and
Whereas, among the fraternity's eminent members are brother Dr. Charles Drew, who perfected the use of blood plasma as a lifesaving tool; and
Whereas, in 1941, another prominent member, brother William Hastie, resigned as civilian aide to the Secretary of War in protest against discrimination in the armed forces and was later appointed Governor of the Virgin Islands by President Truman; and
Whereas, in the present day, well-known members include the honorable brother James E. Clyburn, who currently serves as Majority Whip in the United States Congress, as well as these brothers who serve in the South Carolina House of Representatives: Floyd Breeland, William "Bill" Clyburn, Jerry N. Govan, Christopher R. Hart, Lonnie Hosey, David J. Mack III, John L. Scott, Jr., and Fletcher Smith; and
Whereas, the "Mighty Sixth District" of the Omega Psi Phi Fraternity comprises North Carolina and South Carolina and is currently under the outstanding leadership of brother Charles Worth, District Representative; and
Whereas, committed to fostering the best in both members and those whose lives they influence, the fraternity's ten nationally mandated programs are Achievement Week, Scholarship, Social Action, Talent Hunt, Memorial Service, Reclamation, National High School Essay Contest, Assault on Illiteracy, United Negro College Fund, and the Charles Drew Blood Drive; and
Whereas, Omega continues to flourish largely because founders Love, Cooper, Coleman, and Just were men of the very highest ideals and intellect. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, designate April 11, 2007, as Omega Day at the South Carolina Capitol in honor of the worthy heritage and many accomplishments of the members of Omega Psi Phi Fraternity.
Be it further resolved that a copy of this resolution be forwarded to Omega Psi Phi Fraternity.
The Resolution was adopted.
The following was introduced:
H. 3822 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. JIM RAY OF SPARTANBURG COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO SOUTH CAROLINA PUBLIC SCHOOLS AND TO CONGRATULATE HIM ON BEING NAMED THE 2007 SOUTH CAROLINA SUPERINTENDENT OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland R. Brown Cato Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Crawford Dantzler Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Littlejohn Loftis Lowe Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Ott Owens Parks Perry Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Toole Umphlett Vick Walker Weeks White Williams Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, March 29.
Joseph Neal William G. Herbkersman Catherine Ceips Jerry Govan Ralph Davenport James Lucas Denny Neilson Todd Rutherford Leon Stavrinakis Michael Thompson Thad Viers Jackson "Seth" Whipper Grady Brown William R. "Bill" Whitmire Bill Cotty H. B. "Chip" Limehouse Leon Howard Paul Agnew
Announcement was made that Dr. Woodrow W. Long, Jr. of Greenville was the Doctor of the Day for the General Assembly.
Rep. CATO and the Greenville Delegation presented to the House the North Greenville University "Crusaders" Football Team, the 2006 NCCAA Victory Bowl Champions, their coaches and other school officials.
Rep. VICK presented to the House the Chesterfield High School Golden Rams Wrestling Team, the 2006 Class A Champions, their coaches 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. 3028 (Word version)
Date: ADD:
03/29/07 HAGOOD
Bill Number: H. 3274 (Word version)
Date: ADD:
03/29/07 HAGOOD
Bill Number: H. 3137 (Word version)
Date: ADD:
03/29/07 HAGOOD
Bill Number: H. 3292 (Word version)
Date: ADD:
03/29/07 HAGOOD
Bill Number: H. 3751 (Word version)
Date: ADD:
03/29/07 DUNCAN
Bill Number: H. 3273 (Word version)
Date: ADD:
03/29/07 BEDINGFIELD
Bill Number: H. 3780 (Word version)
Date: ADD:
03/29/07 HART
Bill Number: H. 3780 (Word version)
Date: ADD:
03/29/07 ALEXANDER
Bill Number: H. 3741 (Word version)
Date: REMOVE:
03/29/07 PINSON
Rep. W. D. SMITH moved that when the House adjourns today that it adjourn to meet in Local Session on Friday, March 30, Tuesday, April 3, Wednesday, April 4, Thursday, April 5, and Friday, April 6, at 10:00 a.m. each day and that the House will meet in Statewide Session at 12:00 noon on Tuesday, April 10, which was agreed to.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 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.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
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.
H. 3543 (Word version) -- Reps. Funderburk and Mulvaney: A BILL TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY FIVE DAYS, AND TO REQUIRE THAT AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING EDUCATION REQUIREMENTS.
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.
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.
H. 3525 (Word version) -- Reps. Bedingfield, G. R. Smith, Pinson, J. H. Neal, F. N. Smith, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Brantley, Cato, Frye, Funderburk, Gullick, Haley, Harrell, Hart, Harvin, Haskins, Hodges, Howard, Kelly, Knight, Littlejohn, Mahaffey, Moss, Mulvaney, Neilson, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Walker and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-950 SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN RELEASED FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND 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.
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. RICE moved to adjourn debate upon the following Bill until Wednesday, April 11, which was adopted:
H. 3507 (Word version) -- Reps. Rice, Allen, Cato, Hamilton, Leach, Loftis and J. R. Smith: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE GREATER GREENVILLE SEWER DISTRICT (CURRENTLY WESTERN CAROLINA SEWER AUTHORITY), SO AS TO INCREASE THE MEMBERSHIP OF THE AUTHORITY BY ADDING THE CHAIRMEN OF CERTAIN ENTITIES SERVICED BY THE AUTHORITY AS EX OFFICIO VOTING MEMBERS.
The following Bill was taken up:
H. 3292 (Word version) -- Reps. Duncan, Miller and Hagood: 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.
Reps. LIMEHOUSE, DUNCAN, UMPHLETT, HAGOOD, HARDWICK, KIRSH, R. BROWN, WITHERSPOON, E. H. PITTS, FRYE, SKELTON, MULVANEY and HIOTT requested debate on the Bill.
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.
Reps. G. M. SMITH, SKELTON, WEEKS, HAYES, BATTLE, KIRSH, G. R. SMITH, F. N. SMITH, CHELLIS and DAVENPORT requested debate on the Bill.
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 until Tuesday, April 10, which was agreed to.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3033 (Word version) -- Reps. Clemmons, Mahaffey and Cotty: A BILL 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 PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION, TO ESTABLISH A RECORDING FEE, AND TO PROVIDE A FORM FOR THE DOCUMENT.
The motion period was dispensed with on motion of Rep. CRAWFORD.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4, cloture having been ordered:
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.
Reps. WALKER, W. D. SMITH, TALLEY, LITTLEJOHN, DAVENPORT, MAHAFFEY, KELLY and PINSON proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\ 20256SD07), which was tabled:
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 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) 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 desiring enrollment, scholarship students' admission must be determined by a publicly held and advertised drawing;
( 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 public school or independent school back to another public or independent school ; and
(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 funding of public schools for the fiscal year most recently completed. The report must include, but is not limited to, an analysis of and statement on the:
(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 result in forfeiture of participation in the Educational Opportunity Scholarship Program.
(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 section, 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.
E. This section takes effect upon approval by the Governor and applies at the start of the first school year beginning one year after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH spoke against the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. MERRILL spoke in favor of the amendment.
Rep. COBB-HUNTER 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 Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Funderburk Gambrell Govan Gullick Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Kirsh Knight Littlejohn Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson Rutherford Sandifer Scott Sellers Skelton D. C. Smith F. N. Smith J. E. Smith Stavrinakis Taylor Vick Weeks Whipper Whitmire Williams
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Cato Ceips Chalk Chellis Clemmons Cooper Crawford Davenport Delleney Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Leach Limehouse Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens E. H. Pitts Rice Scarborough Shoopman Simrill G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Thompson Toole Umphlett Viers Walker White Witherspoon Young
So, the amendment was tabled.
Reps. WALKER, W. D. SMITH, TALLEY, LITTLEJOHN, DAVENPORT, MAHAFFEY, KELLY and PINSON proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\ 20257SD07), which was tabled:
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 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 him eligible for free or reduced-price lunches 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 five hundred 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 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) 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 desiring enrollment, scholarship students' admission must be determined by a publicly held and advertised drawing;
( 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 public school or independent school back to another public or independent school ; and
(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 funding of public schools for the fiscal year most recently completed. The report must include, but is not limited to, an analysis of and statement on the:
(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 result in forfeiture of participation in the Educational Opportunity Scholarship Program.
(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 section, the General Assembly hereby declaring that it would have passed this section, 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.
E. This section takes effect upon approval by the Governor and applies at the start of the first school year beginning one year after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER moved to adjourn debate on the amendment, which was rejected.
Rep. WALKER explained the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. SCOTT moved to table the amendment.
Rep. SCOTT 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 Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Cotty Dantzler Funderburk Gambrell Govan Gullick Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Kirsh Knight Littlejohn Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson Rutherford Sandifer Scott Sellers Skelton F. N. Smith J. E. Smith Stavrinakis Taylor Vick Weeks Whipper Williams
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Cato Ceips Chalk Chellis Clemmons Cooper Crawford Davenport Delleney Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Leach Limehouse Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens E. H. Pitts Rice Scarborough Shoopman Simrill G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Thompson Toole Umphlett Viers Walker White Witherspoon Young
So, the amendment was tabled.
Rep. E. H. PITTS proposed the following Amendment No. 6 (Doc Name COUNCIL\BBM\9923SSP07), which was tabled:
Amend the bill, as and if amended, Section 59-62-100(B), as contained in SECTION 1, page 3124-10, on line 3, after /./ and inserting:
/ However, a receiving district shall not incur any additional costs from any local funding sources 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. WALKER spoke against the amendment.
Rep. MERRILL spoke against the amendment.
Rep. E. H. PITTS spoke in favor of the amendment.
Rep. WALKER moved to table the amendment.
Rep. E. H. PITTS 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 Branham Brantley Breeland G. Brown Cato Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Gambrell Govan Hagood Hamilton Hart Harvin Haskins Hayes Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Kirsh Knight Littlejohn Loftis Lucas Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Ott Parks Perry Phillips Pinson Rutherford Scott Sellers Skelton F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Vick Viers Walker Weeks Whipper White Williams
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Ceips Chalk Chellis Clemmons Cotty Crawford Duncan Edge Frye Funderburk Gullick Haley Hardwick Harrell Harrison Herbkersman Hinson Huggins Leach Limehouse Lowe Mulvaney Owens E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill D. C. Smith G. R. Smith Spires Stavrinakis Stewart Toole Umphlett Whitmire Witherspoon Young
So, the amendment was tabled.
Reps. EDGE, BINGHAM, MERRILL and HINSON proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\ 20271SD07), which was tabled:
Amend the bill, as and if amended, by adding a new Section 1A to read:
/SECTION 1A. Sections 1 through 5 of this act are known and may be cited as the "South Carolina Educational Opportunity Act". /
Amend the bill further, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-610. (A) As used in this article:
(1) 'Failing public school' means a public school in the State that has received a rating of unsatisfactory as its absolute performance grade on its most recent annual report card under the education accountability act.
(2) 'Parent' means the natural or adoptive parent or legal guardian of a child.
(3) 'Independent school' means a school, other than a public school, at which the compulsory attendance requirements of Section 59-65-10 may be met and that does not discriminate based on the grounds of race, color, or national origin.
(4) 'Public school' means a public school in the state as defined in Section 59-1-120.
(B) This article only applies to a student:
(1) whose household income is less than two hundred percent of the federal poverty rate; or
(2) who is determined by a school psychologist to be physically or mentally handicapped according to the definitions in Section 59-21-510.
Section 59-63-620. (A) A student is eligible to transfer to a passing public school or an independent school if the student:
(1) has spent the prior school year in attendance at a failing public school;
(2) attended another public school and has been assigned to attend a failing public school;
(3) is entering kindergarten or first grade and has been assigned to a failing public school;
(4) resides in an area zoned for a failing school; or
(5) is determined by a school psychologist to be physically or mentally handicapped according to the definitions in Section 59-21-510.
(B) A student who meets the criteria in subsection (A) may contact the Department of Education for a list of independent schools and public schools.
Section 59-63-625. (A) If a student meets the criteria in Section 59-63-620 and chooses to transfer from a failing public school:
(1) to another public school in his resident school district but not in his attendance area, the district shall adjust monetary differences between the schools;
(2) to another public school outside his resident school district and if the receiving district accepts the transfer student, his resident school district shall reimburse that district for the cost of his attendance equal to one hundred percent of the projected per pupil cost as promulgated by the Office of Research and Statistics of the Budget and Control Board; or
(3) to an independent school, the Department of Education shall issue a check to the parents or guardians and the independent school they select for the lesser of four thousand four hundred eighty-one dollars for the 2008-2009 school year, increased each school year thereafter by the previous 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, or the cost of tuition fees and transportation fees at the independent school.
(B) Notwithstanding subsection (A) of this section or Section 59-63-620, if the student is determined by a school psychologist to be physically or mentally handicapped and the special needs student chooses to transfer from his school district to:
(1) another public school in his resident school district but not in his attendance area, the district shall adjust monetary differences between the schools;
(2) another public school outside his resident school district, his resident school district shall reimburse that district for the cost of his attendance equal to one hundred percent of the projected per pupil cost as promulgated by the Office of Research and Statistics of the Budget and Control Board or the school district to which the student transfers; or
(3) an independent school, the Department of Education shall issue a check to the parents or guardians and the independent school they select 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 per pupil cost as promulgated by the Office of Research and Statistics or the cost of tuition fees at the independent school.
(C) A student who is taught at home is not eligible to receive a scholarship pursuant to this article.
Section 59-63-630. An independent school that accepts scholarship students pursuant to this article:
(1) shall comply with federal anti-discrimination law pursuant to 42 U.S.C. Section 1981;
(2) shall meet state and local health and safety laws and codes;
(3) shall comply with state statutes relating to independent schools;
(4) shall employ or contract with teachers who hold a baccalaureate or higher degree, or have at least three years of teaching experience in a public or independent school, or have special skills, knowledge, or expertise that qualifies them to provide instruction in subjects taught;
(5) must be academically accountable to the parent or guardian for meeting the education needs of the student;
(6) shall administer to all scholarship students a nationally recognized achievement test and report the school's aggregate score to all parents in accordance with Section 59-63-633;
(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 scholarship students who meet the admissions criteria of the school on a random, religious neutral basis, without regard to the student's past academic history, with preference given to siblings of other scholarship students;
(9) may not compel a scholarship student to profess a specific ideological belief, to pray, or to worship;
(10) must have a physical location in the State of South Carolina where the students attend classes;
(11) shall demonstrate their financial viability by showing they can repay any 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 by participating families 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 by participating families 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 and the General Assembly and the Governor, participating schools annually shall administer either the state's Palmetto Achievement (PACT) test or it's equivalent, or a nationally recognized norm-referenced test, such as the Stanford Achievement, Iowa Test of Basic Skills, or both, 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, but only if the disclosure of the aggregate results is in compliance with 20 U.S.C. Section 1232(g), Family Educational Rights and Privacy Act of 1974, and shall provide the parents of each student with a copy of the results. Participating schools shall also provide aggregate results by grade level to the Chairman of the House Education and Public Works Committee and the Chairman of the and Senate Education Committees and the Governor no later than August 31 of the school year in which the tests are administered.
Section 59-63-635. (A) A failing public school shall:
(1) notify the parent of a student if the school is considered a failing public school pursuant to Section 59-63-610; and
(2) present the parent with his options of:
(a) sending the student to an independent school;
(b) sending the student to another public school; or
(c) keeping the student at the failing 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 a failing public school to an independent or public school, or from an independent or public school back to another independent or public school;
(2) have access to the school's aggregate testing information; and
(3) arrange for transportation of the student to the independent school or to the district boundary or a mutually agreed upon location, if the student chooses to attend a public school outside his district.
(C) The student shall remain in attendance throughout the school year, unless excused for illness or good cause, and comply with the school's code of conduct.
Section 59-63-637. The Department of Education shall make the scholarship payment by check payable to the transferring student's parent or legal guardian and to the school at which the scholarship is to be used. The check may be delivered or mailed by the Department of Education to the school at which the scholarship is to be used. All payees must endorse the check. The check may be endorsed by the school on behalf of the student's parent or legal guardian if the parent or legal guardian has placed on file with the school written authorization to endorse the check.
Section 59-63-640. Once a student transfers from a failing 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 on a pro rata basis any excess tuition paid. At the time of making the refund, the independent school shall issue a receipt reflecting the date, amount, and payee for each refund and shall provide a copy of the receipt to the Department of Revenue.
Section 59-63-647. The Department of Revenue may promulgate regulations to aid in the performance of its duties pursuant to this article; however, its power does not extend to matters of school governance, curriculum, hiring or firing, or religious beliefs or practices.
Section 59-63-648. The Department of Revenue may conduct examinations and investigations whenever it believes that the provisions of this article have been evaded or violated in any manner. All powers possessed by the department as provided in Title 12 to conduct examinations and investigations apply to examinations and investigations conducted pursuant to this section.
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 funding of public schools for the fiscal year most recently completed. The report must include, but need not be limited to, an analysis of and statement on the:
(1) change in public school enrollment, by school district, attributable to this article; and
(2) amount of funds the State would have had to expend 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, and the Chairman of the House Education and Public Works Committee.
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 and must be conducted for a minimum of five years beginning five years after enactment of this section. The evaluation must include an assessment of the:
(a) level of parental satisfaction for parents of students participating in the scholarship program provided for in this article;
(b) level of parental satisfaction for parents of students in failing public schools;
(c) academic performance of participating independent schools and failing public schools;
(d) level of student satisfaction with the scholarship program provided for in this article;
(e) level of student satisfaction for students attending failing public schools;
(f) impact of the provisions of this article on public school districts, public school students, independent schools, and independent school students; and
(g) impact of the provisions of this article on school capacity, availability, and quality.
(2) The evaluation must be conducted using appropriate analytical and behavioral science methodologies and must protect the identity of participating schools and students by, at a minimum, keeping anonymous all disaggregated data other than that for the categories of grade, gender, race, and ethnicity. The evaluation of public and independent school students must compute the relative efficiency of public and independent schools, the value added to educational performance by independent schools relative to failing public schools, and a comparison of acceptance rates into college, while adjusting or controlling for student and family background.
(B) State and local government entities 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.
(C) The State Budget and Control Board shall pay the cost of the evaluation from funds available to it for that purpose except that state funds used must not exceed four hundred thousand dollars per year.
(D) By January thirty-first of each year, the State Budget and Control Board shall provide to each member of the General Assembly interim reports of the results of the evaluation. Upon completion of the evaluation, the State Budget and Control Board shall provide a final report to each member of the General Assembly. 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."
SECTION 3. (A) A qualifying school that accepts students benefiting from scholarships, grants, or tax credits is not an agent or arm of the state or federal government.
(B) Except as provided by Sections 2 and 4 of this act, the Department of Education, Department of Revenue, Budget and Control Board, or any other state agency may not regulate the educational program of a qualifying school that accepts students pursuant to Sections 2 and 4 of this act.
(C) One purpose of Sections 2 and 4 of this act is to allow maximum freedom to parents and independent schools to respond to and provide for the educational needs of children without governmental control, and Sections 2 and 4 of this act must be liberally construed to achieve that purpose.
SECTION 4. Title 12 of the 1976 Code is amended by adding:
Section 12-18-30. As used in this chapter, unless otherwise required by the context:
(1) 'Department' means the South Carolina Department of Revenue.
(2) 'Independent school' means a school, other than a public school, at which the compulsory attendance requirements of Section 59-65-10 may be met and that does not discriminate based on the grounds of race, color, or national origin. 'Independent school' includes home schools as provided in Article 1, Chapter 65, Title 59.
(3) 'Public school' means a public school as defined in Section 59-1-120.
(4) 'Qualifying student' means an individual:
(a) who is:
( i) enrolled at an independent school as a full-time student, as determined by the school, for which the school has a release of information form;
( ii) taught at home pursuant to Article 1, Chapter 65, Title 59; or
(iii) a resident of this State, and, if enrolled in a public school, is not a resident of the school district operating that public school;
(b) who is in kindergarten through grade twelve; and
(c) who is not receiving a scholarship pursuant to Article 6, Chapter 63, Title 59.
A student who is determined by a school psychologist to be physically or mentally handicapped according to the definitions in Section 59-21-510 is also considered a 'qualifying student' pursuant to this item.
Once a student becomes a 'qualifying student', the student is eligible for the tax credit program until he graduates from high school.
(5) 'Receipt' means a document that a school issues to the person that makes a tuition payment on behalf of a qualifying student. The department shall develop the form of the document, the content of which must be limited to and include, the name and address of the school; the name, address and social security number of the qualifying student on whose behalf the tuition was paid; the name of the person paying the tuition; the names of all other persons who have paid tuition, in chronological order, during the then current calendar year on behalf of the qualifying student prior to the payment for which the receipt is being issued and including the total tuition paid by the named person; and the date and amount of tuition paid and the aggregate amount of tuition paid for the qualifying student. For a student taught at home pursuant to Article 1, Chapter 65, Title 59, 'receipt' means a document issued by the entity receiving a payment for tuition, which contains the name of the entity receiving the payment; the identity of the goods or services purchased; the date and amount of tuition paid; and, if the receipt is for personal services, the person's taxpayer identification number.
(6) 'Release of information form' means a form developed by a school that states that a parent or the legal guardian of the qualifying student consents to the release of the information contained in the receipt and is consistent with the requirements of 20 U.S.C. Section 123(g), Family Educational Rights and Privacy Act of 1974.
(7) 'School' means a public school or independent school.
(8) 'State' means the State of South Carolina.
(9) 'Tuition' means the amount charged for attending a public school when the student is not a resident of the school district or for attending an independent school. 'Tuition' includes fees necessary for attending the respective school including, but not limited to, enrollment fees and transportation fees. For students taught at home pursuant to Article 1, Chapter 65, Title 59, 'tuition' means expenses incurred for tutors, textbooks, school supplies, computers, including hardware and software, fees for membership in an association that sets the academic standards for the student's home schooling program, and academic lessons including, but not limited to, science, math, music, and art. Expenses for tutors or academic lessons may be included in 'tuition' only if the person providing the tutoring or academic lessons is a person other than the student's parent or legal guardian and who meets the requirements for providing the service as set by the standard-setting entity for that student's home school program. 'Tuition' does not include athletic fees.
Section 12-18-40. The department may promulgate regulations to aid in the performance of its duties pursuant to this chapter; however, the department's power does not extend to matters of school governance, curriculum, hiring or firing, or religious beliefs or practices.
Section 12-18-50. The department may conduct examinations and investigations whenever it believes that the provisions of this chapter have been evaded or violated in any manner. All powers possessed by the department as provided in Title 12 to conduct examinations and investigations apply to examinations and investigations conducted pursuant to this section.
Section 12-18-60. If a student wants to transfer to a different school district, the board of trustees of the school district to which the student wishes to transfer shall approve or disapprove the transfer. If the board of trustees approves the transfer, the board may estimate the tuition to charge the transferring student.
Section 12-18-70. The annual determinations required in this chapter to be made by the budget office must be used by the department to set the limits on the amount of credit that may be claimed pursuant to Section 12-18-310 for the tax year beginning after December thirty-first immediately following the determinations.
Section 12-18-310. (A) A person is allowed a tax credit for tuition paid for qualifying students to attend a school. The credit may be applied against the person's liability for taxes imposed pursuant to Chapter 6 of this title. Limitations upon the total amount of liability for taxes that can be reduced by the use of another credit allowed for that tax must be computed after the credit allowed by this section is used to reduce a tax liability pursuant to Chapter 6 of this title. The credit may be claimed only by the person who actually paid the tuition. More than one person may claim a credit for the payment of a portion of the qualifying student's total tuition but only if the person actually paid the portion and the total credit taken by all persons does not exceed, in the aggregate, the limits set in this section. If the person's receipt indicates that the aggregate tuition paid by all persons for the qualifying student exceeds the credit that may be claimed pursuant to this article, then that person may claim the credit only to the extent that the person's tuition payment does not exceed the allowable credit. No credit may be claimed by a person without a receipt. The credit is nonrefundable. A credit claimed pursuant to this section but not used in a taxable year may be carried forward for five years from the taxable year in which the credit is earned by the taxpayer. Credits that are carried forward must be used in the order earned.
(B)(1) The credit claimed for each qualifying student pursuant to this article is one thousand dollars indexed each year to the consumer price index.
(2) Notwithstanding the provisions of item (1), the credit claimed for each physically or mentally handicapped student pursuant to this article may not exceed the lesser of the:
(a) actual tuition paid; or
(b) appropriate pupil classification weighting for that student pursuant to Section 59-20-40 multiplied by seventy-five percent of the projected state per pupil cost as promulgated by the office of research and statistics.
(3) Notwithstanding the provisions of items (1) and (2), the credit claimed for a qualifying student who is taught at home pursuant to Article 1, Chapter 65, Title 59 may not exceed the lesser of the amount provided in item (1) or item (2) or five hundred dollars indexed each year to the consumer price index.
(C) If a qualifying student's enrollment in an independent school is terminated before the end of the school year, the tuition payers shall no longer be entitled to the tax credit for any tuition paid that is applicable to a semester or term beyond the semester or term during which the qualifying student's enrollment is terminated. At the time of the termination of enrollment, the independent school shall provide written notice to the department confirming that the qualifying student's enrollment has been terminated and the amount of tuition for which the tuition payers are no longer entitled to the tax credit.
Section 12-18-320. The credit claimed pursuant to this article may not reduce the amount of funds distributed to school districts."
SECTION 5. If a section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act 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 act, the General Assembly hereby declaring that it would have passed this act, 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 6. This act take effect upon approval by the Governor; except that Section 2 applies beginning with the 2008-2009 school year and Section 4 applies for calendar years beginning on and after January 1, 2008, in which qualifying tuition payments are made. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER raised the Point of Order that Amendment No. 8 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the both the amendment and the Bill dealt with school choice and open enrollment. He therefore overruled the Point of Order.
Rep. EDGE explained the amendment.
Rep. VIERS spoke against the amendment.
Rep. EDGE spoke in favor of the amendment.
Rep. WALKER moved to table the amendment.
Rep. MERRILL 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 Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Funderburk Gambrell Govan Gullick Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Kirsh Knight Littlejohn Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Perry Phillips Pinson Rutherford Sandifer Scott Sellers Skelton D. C. Smith F. N. Smith J. E. Smith Stavrinakis Talley Thompson Vick Viers Walker Weeks Whipper White Whitmire Williams
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Cato Ceips Chalk Chellis Clemmons Crawford Davenport Delleney Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Leach Limehouse Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens E. H. Pitts Rice Scarborough Shoopman Simrill G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Umphlett Witherspoon Young
So, the amendment was tabled.
Rep. J. H. NEAL spoke against the Bill.
Rep. GOVAN spoke against the Bill.
Rep. CRAWFORD moved to recommit the Bill to the Committee on Education and Public Works.
Rep. WALKER moved to table the motion.
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Battle Bingham Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Cotty Delleney Frye Funderburk Govan Hagood Haley Hardwick Harrell Harrison Hart Harvin Hayes Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kirsh Knight Limehouse Lucas Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts Rutherford Scott Sellers Simrill D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Vick Walker Weeks Whipper White Whitmire Williams Witherspoon
Those who voted in the negative are:
Barfield Bedingfield Bowen Ceips Chalk Clemmons Crawford Dantzler Davenport Duncan Edge Gambrell Gullick Hamilton Haskins Herbkersman Hinson Kelly Kennedy Leach Littlejohn Loftis Lowe Merrill Mulvaney Rice Sandifer Scarborough Shoopman Skelton G. R. Smith Stewart Toole Umphlett Viers Young
So, the motion to recommit the Bill was tabled.
Rep. KENNEDY spoke in favor of the Bill.
Rep. COTTY spoke in favor of the Bill.
Rep. SELLERS spoke against the Bill.
Rep. SCOTT spoke against the Bill.
Rep. LUCAS spoke in favor of the Bill.
Rep. WALKER spoke in favor of the Bill.
Rep. DUNCAN spoke against the Bill.
Rep. MACK spoke against the Bill.
Rep. J. E. SMITH spoke in favor of the Bill.
Rep. E. H. PITTS spoke against the Bill.
Rep. WHIPPER spoke against the Bill.
Rep. BALLENTINE spoke in favor of the Bill.
Rep. EDGE spoke against the Bill.
Rep. PINSON spoke in favor of the Bill.
Rep. BREELAND spoke against the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anthony Bales Ballentine Bannister Battle Bingham Bowen Bowers Brady Branham Brantley R. Brown Clyburn Cobb-Hunter Coleman Cotty Dantzler Delleney Frye Funderburk Gambrell Hagood Haley Harrell Harrison Hayes Herbkersman Hiott Hodges Huggins Jefferson Jennings Kelly Kennedy Knight Limehouse Littlejohn Lowe Lucas Mahaffey McLeod Miller Moss J. M. Neal Neilson Ott Perry Phillips Pinson Scarborough Skelton D. C. Smith G. M. Smith J. E. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Umphlett Vick Walker Weeks White Whitmire Williams Witherspoon
Those who voted in the negative are:
Alexander Allen Anderson Barfield Bedingfield Breeland G. Brown Cato Ceips Chalk Chellis Clemmons Cooper Crawford Davenport Duncan Edge Govan Gullick Hamilton Hardwick Hart Harvin Haskins Hinson Hosey Howard Kirsh Leach Loftis Mack Merrill Mitchell Mulvaney J. H. Neal Owens Parks E. H. Pitts Rice Rutherford Sandifer Scott Sellers Shoopman Simrill F. N. Smith G. R. Smith J. R. Smith Stewart Toole Viers Whipper Young
So, the Bill was read the second time and ordered to third reading.
Rep. WALKER asked unanimous consent that H. 3124 (Word version) be read a third time tomorrow.
Rep. RICE objected.
Rep. J. E. SMITH moved that the House recur to the Morning Hour, which was agreed to.
Rep. SANDIFER, from Oconee Delegation, submitted a favorable report on:
S. 579 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE ELECTED POSITION OF SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY IS ABOLISHED AS OF JULY 1, 2009, AND ALL POWERS AND DUTIES OF THE SUPERINTENDENT ARE DEVOLVED UPON THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY AND TO PROVIDE THAT IF A VACANCY OCCURS IN THAT OFFICE BEFORE JULY 1, 2009, THE OFFICE IS ABOLISHED AS OF THE DATE OF THE VACANCY; AND TO REPEAL SECTIONS 1, 4, AND 8 OF ACT 613 OF 1992, AS AMENDED, RELATING TO THE ELECTION, POWERS, AND DUTIES OF THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY.
Ordered for consideration tomorrow.
The following was introduced:
H. 3823 (Word version) -- Reps. Howard, Alexander, Allen, Anderson, Brantley, Breeland, R. Brown, Clyburn, Cobb-Hunter, Govan, Hart, Hodges, Hosey, Jefferson, Kennedy, Mack, Mitchell, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, Sellers, F. N. Smith, Weeks, Whipper and Williams: A HOUSE RESOLUTION TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO BARACK OBAMA, UNITED STATES SENATOR FROM ILLINOIS, FOR DELIVERING THE MAIN ADDRESS AT THE APRIL 13, 2007, SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS ROUND TABLE GALA.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3824 (Word version) -- Reps. Weeks, Howard, Sellers, Hosey, Whipper, J. H. Neal, F. N. Smith, Rutherford, Alexander, Allen, Anderson, Brantley, Breeland, R. Brown, Clyburn, Cobb-Hunter, Govan, Hart, Hodges, Jefferson, Kennedy, Mack, Mitchell, Parks and Scott: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO REVIEW THE EVENTS OF FEBRUARY 8, 1968, REFERRED TO AS THE "ORANGEBURG MASSACRE", AND TO MAKE A REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR ASCERTAINING THE ACTUAL EVENTS OF THAT DAY AND CONCERNING THE HISTORICAL, SOCIAL, AND ETHICAL RAMIFICATIONS OF THOSE EVENTS; TO PROVIDE FOR THE COMMITTEE'S MEMBERSHIP, STAFF, AND REPORTING REQUIREMENTS; AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.
Referred to Committee on Judiciary
H. 3825 (Word version) -- Reps. Limehouse and Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-9-60 SO AS TO REQUIRE THE ASSESSMENT OF A FEE BY THE DEPARTMENT OF AGRICULTURE FOR AN OWNER OF A MARSH TACKY HORSE TO REGISTER HIS HORSE WITH THE DEPARTMENT FOR THE PURPOSE OF PRESERVING AND TRACKING MARSH TACKYS IN THE STATE, TO REQUIRE THE FEES COLLECTED TO BE USED TO OFFSET THE DEPARTMENT'S COSTS OF MAINTAINING A REGISTRY, AND TO REQUIRE THE UNUSED PORTION OF THE FEES TO BE REMITTED TO THE GENERAL FUND OF THE STATE.
Referred to Committee on Ways and Means
H. 3826 (Word version) -- Rep. White: A BILL TO AMEND SECTION 9-1-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PERSONNEL IN A HOSPITAL UNDER THE STATE RETIREMENT SYSTEM HAVING THE OPTION OF JOINING THE RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO PHYSICIANS, TO PROVIDE THAT THIS OPTION IS IRREVOCABLE, AND TO PROVIDE THE METHOD BY WHICH SERVICE CREDIT MUST BE ESTABLISHED FOR A PERSON ENTITLED TO RETIREMENT BENEFITS.
Referred to Committee on Ways and Means
H. 3827 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY AND ELECTION DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.
Referred to Committee on Judiciary
H. 3828 (Word version) -- Reps. Cato, Loftis, Alexander, Duncan, Perry, Scott, Talley, Bales, Haskins, Witherspoon, Huggins, Bedingfield, Harrison, G. R. Smith, Bannister, Barfield, Battle, Branham, Chellis, Clemmons, Cooper, Crawford, Edge, Gambrell, Hardwick, Hayes, Jennings, Leach, Limehouse, Lowe, Mahaffey, Mitchell, Ott, Pinson, Rice, Sandifer, Scarborough, W. D. Smith, Taylor, Thompson, Vick, Viers, Walker and White: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, TO PROVIDE FOR ITS COMPOSITION, APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT ON ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 8, 2008, AT WHICH TIME IT IS DISSOLVED.
Referred to Committee on Labor, Commerce and Industry
Rep. HAGOOD moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 1:42 p.m. the House attended in the Senate Chamber, where the following Act and Joint Resolution were duly ratified:
(R19, S. 529 (Word version)) -- Senators Gregory, Ford and Campsen: A JOINT RESOLUTION TO EXTEND UNTIL APRIL 17, 2007, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.
(R20, H. 3396 (Word version)) -- Reps. Cato, Harrell, Sandifer, Bales, Battle, G. Brown, Chellis, Cooper, Haley, Hamilton, Harrison, Herbkersman, Howard, Jennings, Leach, Mack, Merrill, Ott, Owens, Perry, Scarborough, Thompson, Huggins, Dantzler and Viers: AN ACT TO AMEND SECTION 58-12-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES, FUNDING, AND PREEMPTION PROVISIONS IN REGARD TO CABLE TELEVISION SERVICES, SO AS TO INCLUDE VIDEO SERVICES THEREIN; TO AMEND ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY FOR THE PROVISION OF CABLE SERVICES, SO AS TO ALSO MAKE THE PROVISIONS OF THIS ARTICLE APPLICABLE TO VIDEO SERVICES PROVIDED THROUGH WIRELINE FACILITIES; AND TO AMEND SECTION 58-9-2200, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO TELECOMMUNICATIONS SERVICES, SO AS TO REVISE THE DEFINITION OF "RETAIL TELECOMMUNICATIONS SERVICES".
The Senate returned to the House with concurrence the following:
H. 3735 (Word version) -- Reps. Kirsh, Simrill, Gullick, Delleney, Moss, Mulvaney and Moody-Lawrence: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY AS A VITAL PART OF THE STATE, AND TO DECLARE MARCH 27, 2007, "YORK COUNTY DAY" IN SOUTH CAROLINA.
At 1:45 p.m. the House, in accordance with the motion of Rep. KNIGHT, adjourned in memory of Audrey Horne of St. George, to meet at 10:00 a.m. tomorrow.
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