Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Deuteronomy 1:11: "May the Lord, the God of your fathers, increase you a thousand times and bless you as he has promised."
Let us pray. O Lord our God, how wonderfully You have blessed us during our sessions and our work together. Continue to bestow a thousand fold upon these Representatives and staff as they strive to accomplish what is good for the citizens of this State. Give them courage, strength, and integrity to fulfill Your will in this part of Your kingdom. Shower Your blessings upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of 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 Friday, the SPEAKER ordered it confirmed.
Rep. CATO moved that when the House adjourns, it adjourn in memory of Rhea Eskew of Greenville, which was agreed to.
The following was received:
Columbia, S.C., May 22, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1329:
S. 1329 (Word version) -- Senators McGill, Grooms and Bryant: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 101 SO AS TO PROVIDE FOR THE ISSUANCE OF "I BELIEVE" SPECIAL LICENSE PLATES.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
Document No. 3201
Agency: Department of Labor, Licensing and Regulation - Board of Dentistry
Statutory Authority: 1976 Code Sections 40-1-40, 40-1-70, 40-15-40, and 40-15-172
Mobile Dental Facilities and Portable Dental Operations
Received by Speaker of the House of Representatives
March 27, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration March 3, 2009
Revised: March 4, 2009
The following was introduced:
H. 5204 (Word version) -- Reps. J. E. Smith, Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE RETURNING MEMBERS OF THE 218TH BRIGADE OF THE SOUTH CAROLINA NATIONAL GUARD FOR THEIR SERVICE AND FOR THEIR MANY ACCOMPLISHMENTS AND HONORS IN AFGHANISTAN, AND TO WELCOME THEM HOME TO SOUTH CAROLINA.
The Resolution was adopted.
On motion of Rep. J. E. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 5205 (Word version) -- Reps. J. E. Smith, Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO BRIGADIER GENERAL ROBERT E. LIVINGSTON, JR., COMMANDER OF THE 218TH BRIGADE OF THE SOUTH CAROLINA NATIONAL GUARD, AND ADJUTANT GENERAL STAN SPEARS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF HONORING AND COMMENDING THE 218TH BRIGADE FOR THEIR SERVICE IN AFGHANISTAN.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to Brigadier General Robert E. Livingston, Jr., Commander of the 218th Brigade of the South Carolina National Guard, and Adjutant General Stan Spears, at a date and time to be determined by the Speaker, for the purpose of honoring and commending the 218th Brigade for their service in Afghanistan.
The Resolution was adopted.
The following was introduced:
H. 5206 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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 RECOGNIZE AND HONOR THE BEN LIPPEN SCHOOL VARSITY BASEBALL TEAM OF RICHLAND COUNTY FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION 2008 CLASS 3A STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5207 (Word version) -- Reps. J. R. Smith, Clyburn, D. C. Smith, Spires, Stewart, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Stavrinakis, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE ROBERT S. "SKIPPER" PERRY, JR., OF AIKEN COUNTY FOR TEN YEARS OF FAITHFUL SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO EXPRESS DEEP APPRECIATION FOR HIS UNSELFISH WORK ON BEHALF OF THE CITIZENS OF THIS STATE.
Whereas, the members of the House of Representatives learned with sincere regret that the Honorable Robert S. "Skipper" Perry, Jr., will retire from this body at the conclusion of his current term; and
Whereas, born the oldest of six children to May Seigler Perry and the late Robert S. Perry, Sr., on May 17, 1940, Skipper Perry served his nation in the United States Navy from 1958 to 1962 and then graduated from the Cincinnati College of Embalming in 1963; and
Whereas, in Cincinnati, he met and married his beloved wife Anne Straus on November 14, 1963, and they have two fine sons, Robert Stanley Perry and Richard Straus Perry, and their first grandchild is due this August; and
Whereas, after he earned a bachelor of science degree from the University of South Carolina in 1970, he served on the Aiken City Council from 1971 to 1987 and then as mayor pro tempore of Aiken for ten years; and
Whereas, Representative Perry came to the State House in 1999 and has served the citizens of District 81 with enthusiasm since then as a member of the Rules Committee and of the Labor, Commerce and Industry Committee and as a member of the Subcommittee on Insurance and the Subcommittee on Public Utility; and
Whereas, he has further served his community as the past president and member of the Aiken Sertoma Club, as the president and chairman of the United Way of Aiken County and as a founding member and chairman of the Tri-Development Center and a founding member of the Historic Aiken Foundation. He is also the president of the Aiken Symphony Guild and vice president of the Aiken Center for the Arts; and
Whereas, his voice is well remembered in his hometown as the announcer of the Aiken Polo Club, and in Columbia he has been visible as an advocate of sidewalk access for handicapped citizens on his Segway scooter, which he even uses inside the State House; and
Whereas, an avid golfer, he has served since 1981 as the chairman of the Palmetto Amateur Golf Tournament under the auspices of the Aiken Sertoma Club and the Palmetto Golf Club; and
Whereas, the members of the House of Representatives will miss their colleague and friend, the Honorable Robert S. "Skipper" Perry, Jr., and hope that he enjoys fulfillment in all his future endeavors. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable Robert S. "Skipper" Perry, Jr., of Aiken County for ten years of faithful service in the South Carolina House of Representatives and express deep appreciation for his unselfish work on behalf of the citizens of this State.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Robert S. "Skipper" Perry, Jr.
The Resolution was adopted.
The following was introduced:
H. 5208 (Word version) -- Reps. F. N. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. 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 CONCURRENT RESOLUTION TO WISH MASSACHUSETTS SENATOR EDWARD KENNEDY WELL AS HE BEGINS MEDICAL TREATMENT, AND TO OFFER THE PRAYERS OF THE CITIZENS OF SOUTH CAROLINA FOR HIS RECOVERY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5209 (Word version) -- Reps. E. H. Pitts, Ballentine, Bingham, Frye, Haley, Huggins, McLeod, Ott, Spires and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND GIRL SCOUT JULIA MEGAN DIRKS OF LEXINGTON COUNTY FOR A MERITORIOUS EXPERIENCE IN SCOUTING AND TO CONGRATULATE HER UPON THE SUCCESSFUL COMPLETION OF THE REQUIREMENTS FOR A GOLD AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5210 (Word version) -- Reps. E. H. Pitts, Ballentine, Bingham, Frye, Haley, Huggins, McLeod, Ott, Spires and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND GIRL SCOUT KATIE REBECCA WILSON OF LEXINGTON COUNTY FOR A MERITORIOUS CAREER IN SCOUTING AND TO CONGRATULATE HER UPON THE SUCCESSFUL COMPLETION OF THE REQUIREMENTS FOR THE GIRL SCOUT GOLD AWARD.
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:
Agnew Alexander Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Hayes Herbkersman Hiott Hodges Howard Huggins Jefferson Kelly Kirsh Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Spires Taylor Thompson Toole Umphlett Vick Walker Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, May 27.
Karl Allen James E. Stewart Leon Stavrinakis William Bowers Douglas Jennings Todd Rutherford Shannon Erickson Patsy Knight Gloria Haskins Kenny Bingham Lonnie Hosey Anne Parks Chris Hart Creighton Coleman Bakari Sellers Scott Talley Kenneth Kennedy
The SPEAKER granted Rep. W. D. SMITH a leave of absence for the day due to family reasons.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Announcement was made that Dr. Ivar Frithsen of Charleston was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, 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. 4928 (Word version)
Date: ADD:
05/27/08 MITCHELL
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
The following Bill was taken up:
S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT, SO AS TO DELETE SECTIONS THAT HAVE BEEN PROVIDED FOR BY THE SOUTH CAROLINA RULES OF MAGISTRATES COURT AND TO RENAME THE ARTICLE TO CONFORM WITH THE REVISIONS.
Rep. F. N. SMITH proposed the following Amendment No. 7 (Doc Name COUNCIL\GGS\22126AB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 5-7-12(A) of the 1976 Code is amended to read:
"(A) The governing body of a municipality or county may upon the request of any other another governing body or of any other another political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing crimes in connection with a school activity or school-sponsored event. In all circumstances in which a school resource officer arrests a student for a misdemeanor offense, the officer may issue a courtesy summons to appear to a student involved in the particular incident in connection with a school activity or school-sponsored event. Notwithstanding another provision of law, a student arrested for a misdemeanor offense by a school resource officer must have a bond hearing in magistrate court within twenty-four hours of his arrest. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction." /
Renumber sections to conform.
Amend title to conform.
Rep. F. N. SMITH explained the amendment.
Rep. F. N. SMITH spoke in favor of the amendment.
The amendment was then adopted.
Rep. F. N. SMITH proposed the following Amendment No. 6 (Doc Name COUNCIL\MS\7659AHB08), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 5-7-12(A) of the 1976 Code is amended to read:
"(A) The governing body of a municipality or county may upon the request of any other another governing body or of any other another political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing gang-related incidents, drug or weapons crimes in connection with a school activity or school-sponsored event. In all other circumstances, a school resource officer may not arrest a student but shall issue a courtesy summons to appear to the student or students involved in the particular incident in connection with a school activity or school-sponsored event. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction." /
Renumber sections to conform.
Amend title to conform.
Rep. F. N. SMITH moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 3533 (Word version) -- Reps. Talley, Kelly and Bannister: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO DETERMINE THE FEASIBILITY OF ESTABLISHING WIND ENERGY PRODUCTION FARMS IN SOUTH CAROLINA, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2008, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Rep. DUNCAN proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\19253MM08), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1(F) as found on page 2, line 33, by deleting
/ 2008 / and inserting / 2009 /.
Renumber sections to conform.
Amend title to conform.
Rep. DUNCAN explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1104 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 71 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-242, SO AS TO PROVIDE FOR THE DEFINITION OF THE TERMS "ACTUAL CHARGE" OR "ACTUAL FEE" WHEN USED IN INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICIES AND TO REQUIRE THAT NO INSURER OR ISSUER OF ANY INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICY PAY ANY CLAIM OR BENEFITS UNDER THE APPLICABLE POLICY IN AN AMOUNT IN EXCESS OF ACTUAL CHARGE OR ACTUAL FEE AS DEFINED.
Rep. SCARBOROUGH explained the Bill.
S. 1082 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-72-65, 38-72-67, AND 38-72-69 SO AS TO PROVIDE FOR RESCINDING AND ISSUING LONG TERM CARE INSURANCE POLICIES, AND TO REQUIRE THE LICENSING AND TRAINING OF A PRODUCER OF THESE POLICIES; TO AMEND SECTION 38-72-40, RELATING TO DEFINITIONS CONTAINED IN THE LONG TERM CARE INSURANCE ACT, SO AS TO FURTHER DEFINE "LONG TERM CARE INSURANCE", AND TO DEFINE THE TERM "QUALIFIED LONG TERM CARE INSURANCE CONTRACT" OR "FEDERALLY TAX-QUALIFIED LONG TERM CARE INSURANCE CONTRACT"; TO AMEND SECTION 38-72-60, RELATING TO THE APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO A LONG TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THE ELEMENTS OF WHAT THESE POLICIES MAY INCLUDE AND THE CONDITIONS THAT MUST BE MET, AND ADDITIONAL ITEMS THAT MUST BE FURNISHED TO A POLICYHOLDER IN A MONTHLY REPORT; TO AMEND SECTION 38-72-70, RELATING TO THE ADOPTION OF REGULATIONS, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE CERTAIN REGULATIONS TO PROTECT A POLICYHOLDER IF THERE IS A SUBSTANTIAL RATE INCREASE AND ESTABLISH MINIMUM STANDARDS FOR PRODUCER EDUCATION, MARKETING PRACTICES, PENALTIES, AND REPORTING PRACTICES FOR LONG TERM CARE; AND TO AMEND SECTION 38-72-80, RELATING TO THE APPLICATION OF THIS CHAPTER, SO AS TO PROVIDE A SEVERABILITY PROVISION.
Rep. SCARBOROUGH explained the Bill.
The following Bill was taken up:
S. 1131 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-43-20, 38-43-70, BOTH AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, AND 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO CLARIFY LANGUAGE THAT AN EMPLOYEE OF A LICENSED PRODUCER WHO PERFORMS ONLY CLERICAL DUTIES MAY NOT SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAY OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 38-45-20, 38-45-30, BOTH AS AMENDED, AND SECTION 38-45-90, ALL RELATING TO BROKERS AND SURPLUS LINES, SO AS TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS THE SOUTH CAROLINA BROKER LICENSING EXAMINATION IN ORDER TO BE LICENSED AS A BROKER AND TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3900DW08), which was adopted:
Amend the bill, as and if amended, by striking subsection (A) as contained in Section 38-43-80, SECTION 4, beginning on page 3, line 35, and inserting:
/ (A) As used in the section, 'biennial appointment fee' means a fee paid by the insurer on a biennial basis by September thirtieth of an even-numbered year. If an appointment fee is not paid by December thirtieth of an even-numbered year, the appointment must be canceled./
Amend further, Section 38-43-80(B)(1)(a), SECTION 4, page 4, by striking on line 10 / biennial renewal fee: ten dollars / .
When amended subitem (a) reads:
/ (a) local individual producer license fee: twenty dollars; biennial appointment fee: forty dollars; /.
Renumber sections to conform.
Amend title to conform.
Rep. SCARBOROUGH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1141 (Word version) -- Senators McConnell, Rankin, Martin, Leventis, Peeler, Alexander, Hayes, Setzler, Hutto, Ceips, Knotts and Malloy: A BILL TO AMEND SECTION 12-36-2110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF TAX ON MANUFACTURED HOMES, SO AS TO REFINE THE DEFINITION OF A MANUFACTURED HOME THAT IS SUBJECT TO A MAXIMUM SALES TAX BECAUSE IT MEETS CERTAIN ENERGY EFFICIENCY STANDARDS; AND TO AMEND CHAPTER 52, TITLE 48, BY ADDING ARTICLE 10 SO AS TO ESTABLISH AN INCENTIVE PROGRAM FOR THE PURCHASE AND INSTALLATION OF ENERGY EFFICIENT MANUFACTURED HOMES IN SOUTH CAROLINA.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\ 22113AB08), which was adopted:
Amend the bill, as and if amended, starting on page 3, line 14, by deleting SECTION 3 and inserting:
/ SECTION 3. Section 12-6-3587 of the 1976 Code is amended to read:
"(A) There is allowed as a tax credit against the income tax liability of a taxpayer imposed by this chapter an amount equal to twenty-five percent of the costs incurred by the taxpayer in the purchase and installation of a solar energy system or small hydropower system for heating water, space heating, air cooling, energy-efficient daylighting, heat reclamation, energy-efficient demand response, or the generation of electricity in or on a facility in South Carolina and owned by the taxpayer. The tax credit allowed by this section must not be claimed before the completion of the installation. The amount of the credit in any year may not exceed three thousand five hundred dollars for each facility or fifty percent of the taxpayer's tax liability for that taxable year, whichever is less. If the amount of the credit exceeds three thousand five hundred dollars for each facility, the taxpayer may carry forward the excess for up to ten years.
(B) 'System' includes all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the solar energy system. The term 'system' does not include any land or structural elements of the building such as walls and roofs or other equipment ordinarily contained in the structure. No A credit shall may not be allowed for a solar system unless the system is certified for performance by the nonprofit Solar Rating and Certification Corporation or a comparable entity endorsed by the State Energy Office.
C) For purposes of this section, 'small hydropower system' means new generation capacity on a nonimpoundment or on an existing impoundment that:
(1) meets licensing standards as defined by the Federal Energy Regulatory Commission (FERC);
(2) is a run-of-the-river facility with a capacity not to exceed 5MW; or
(3) consists of a turbine in a pipeline or in an irrigation canal."
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS CARP HYBRIDS IMPORTED, BRED, OR POSSESSED MAY NOT BE RELEASED INTO THE WATERS OF THIS STATE.
Rep. MILLER proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5582AHB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 5, Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-585. It is unlawful in Georgetown County in Game Zone 5 for a person to gig for flounder (Paralichthys) for commercial purposes in saltwaters from the northern tip of North Island to the northern tip of Magnolia Beach during the hours from sunset until sunrise. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both." /
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 873 (Word version) -- Senators Knotts and O'Dell: A BILL TO AMEND SECTION 50-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING LICENSES FOR SMALL GAME GENERALLY; AND TO AMEND SECTION 50-9-540, RELATING TO STATEWIDE FISHING LICENSES, SO AS TO REDUCE THE FEE FOR A STATEWIDE HUNTING LICENSE, A STATEWIDE FISHING LICENSE, AND A STATEWIDE COMBINATION LICENSE FOR MEMBERS OF THE UNITED STATES ARMED SERVICES WHO ARE CONSIDERED RESIDENTS OF THIS STATE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20723SD08), which was adopted:
Amend the bill, as and if amended, by adding the following new SECTIONS appropriately numbered to read:
/SECTION ____. Section 50-9-510(16) of the 1976 Code is amended to read:
"(16) A person who has been a domiciled resident of South Carolina for at least one year preceding the date of application and who is determined to be totally disabled under a program for Social Security, federal civil service, the South Carolina State Retirement System, the Railroad Retirement Board, the Veterans Administration, or Medicaid assistance, or their successor agencies or programs, may obtain a three-year disability license for either statewide fishing and hunting license or statewide fishing at no cost. This license includes the privilege of hunting big game, hunting on wildlife management area lands, and state migratory waterfowl and of saltwater fishing. It must be issued by the department from its Columbia office only designated offices and is valid for three years from the date of issue. Disability recertification is required for renewal, provided that any person with quadriplegia or paraplegia who is certified as totally disabled will not have to obtain a disability recertification. To recertify, applicant must furnish proof, in the manner determined by the department, that he or she is currently receiving disability benefits, and is a domiciled resident of South Carolina. A person on the date of application, with quadriplegia or paraplegia, who is certified as totally disabled must be issued a lifetime disability license and disability recertification or renewal of this license is not required. Statewide fishing privileges include freshwater fishing and saltwater fishing. Statewide hunting privileges include small game, big game, state migratory waterfowl, and wildlife management area lands." /
SECTION ____. Section 50-9-910 of the 1976 Code is amended to read:
/ "Section 50-9-910. (A) Revenue from fines and forfeitures for violations of Chapters 1 through 16, except for violations of marine resources laws, must be transmitted to the treasurer of the county where the revenue was collected. The treasurer shall transmit the revenue to the director of the department accompanied by a statement showing the names of persons fined, the amount of each fine, the summons or warrant number, and the court in which each fine was collected.
(B) The revenue provided for in subsection (A) and one-half of the revenue generated from the sale of annual nonresident freshwater fishing licenses must be credited to the county game fund of the county in which the licenses were sold or revenue was collected. These licenses when sold through nontraditional means such as the internet, call center, and department mass mailings must be equally allocated to each county.
(C) The funds provided for in subsection (B) must be expended in the respective counties for the protection, promotion, propagation, and management of wildlife and fish and the enforcement of related laws." /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 691 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE AND TO INCREASE THE PENALTY TO A MAXIMUM OF FIVE HUNDRED DOLLARS; BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO THE STUDY OF GAME ZONES RESTOCKED WITH WILD TURKEYS AND THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO SET OPEN AND CLOSED SEASONS ON MALE WILD TURKEYS, SO AS TO ALSO ENABLE THE DEPARTMENT TO SET OTHER OPEN AND CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO THE USE OF CROSS BOWS, SO AS TO STRIKE THE ENTIRE SECTION AND PROVIDE A DEFINITION OF ARCHERY EQUIPMENT AS USED IN THIS TITLE; TO AMEND SECTION 50-13-385, RELATING TO THE MINIMUM SIZE OF LARGEMOUTH BASS FROM LAKES MARION, MOULTRIE, AND WYLIE THAT A PERSON MAY TAKE OR POSSESS, SO AS TO INCLUDE ALL OF LAKE WYLIE INSTEAD OF THE PORTION OF LAKE WYLIE LOCATED IN YORK COUNTY AND IN GAME ZONE 4; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE THAT A LESSEE MAY USE ARTIFICIAL LIGHTS TO PROTECT HIS PROPERTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR A PUBLIC BOAT LANDING OR RAMP IN THE VICINITY OF A HYDROELECTRIC GENERATION UTILITY AND THE ESTABLISHMENT OF A NO WAKE ZONE, SO AS TO ELIMINATE THE REQUIREMENT THAT THE DEPARTMENT SHALL ISSUE AND POST SIGNS IN THE NO WAKE ZONE INFORMING THE PUBLIC OF THE NO WAKE ZONE; TO AMEND SECTION 50-21-180, AS AMENDED, RELATING TO THE PROHIBITION OF RIDING SURFBOARDS NEAR FISHING PIERS IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE; TO REPEAL SECTION 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; TO REPEAL SECTION 50-11-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING; TO REPEAL SECTION 50-11-550 RELATING TO THE UNLAWFUL DISCHARGE OF A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS; TO REPEAL SECTION 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2; TO REPEAL SECTION 50-13-65 RELATING TO AUTHORIZATION OF CLOSED SEASON ON STREAMS IN GAME ZONE 1; TO REPEAL SECTION 50-13-90 RELATING TO CLOSED SEASON ON TROUT; TO REPEAL SECTION 50-13-980 RELATING TO PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; TO REPEAL SECTION 50-13-1010 RELATING TO THE APPLICATION OF PROVISIONS IN ARTICLE 6; TO REPEAL SECTION 50-13-1020 AND CERTAIN DEFINITIONS; TO REPEAL SECTION 50-19-2220 RELATING TO CERTAIN WATERS OF THE SAVANNAH RIVER; TO REPEAL SECTION 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS IN CERTAIN WATERS OF THE SAVANNAH RIVER; AND TO REPEAL SECTION 50-19-3010 RELATING TO LAWFUL METHODS FOR CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.
Rep. M. A. PITTS explained the amendment.
Rep. OTT raised the Point of Order that Amendment No 1 was out of order in that it was not germane to the Bill in that it related to the sale of turkey feathers and the Bill dealt with the regulation of game zones.
SPEAKER HARRELL stated that both the Amendment and the Bill dealt with the sale of turkey feathers and he overruled the Point of Order.
Reps. SIMRILL, COBB-HUNTER, E. H. PITTS, BEDINGFIELD, DUNCAN, TOOLE, FRYE, JEFFERSON, KNIGHT, CLYBURN, HOSEY, UMPHLETT, HAYES, OTT, SELLERS, WITHERSPOON, M. A. PITTS, VICK, LOFTIS, BREELAND and MAHAFFEY requested debate on the Bill.
Reps. WEEKS, RICE, PERRY, LEACH, LITTLEJOHN, WITHERSPOON, ALEXANDER, CRAWFORD, CLEMMONS, BEDINGFIELD and LOWE withdrew their requests for debate on the following Bill:
S. 1232 (Word version) -- Senators Cleary, Rankin and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 10 OF TITLE 4, ENACTING THE "EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX ACT" SO AS TO ALLOW A ONE PERCENT LOCAL SALES AND USE TAX TO BE IMPOSED IN A COUNTY FOR NOT MORE THAN FIFTEEN YEARS UPON REFERENDUM APPROVAL WITH THE REVENUES OF THE TAX USED BY THE COUNTY'S SCHOOL DISTRICT BOARD OF TRUSTEES TO PAY FOR SPECIFIC PUBLIC SCHOOL CAPITAL IMPROVEMENTS IN THE COUNTY AND TO PROVIDE A METHOD WHEREBY REVENUE OF THE TAX MAY BE SHARED FOR THE PURPOSES OF SPECIFIC CAPITAL IMPROVEMENTS ON THE CAMPUSES OF A TECHNICAL COLLEGE OR OTHER STATE INSTITUTION OF HIGHER LEARNING LOCATED IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM REQUIRED FOR THE IMPOSITION OF THE TAX, THE DURATION OF THE TAX, NOT TO EXCEED FIFTEEN YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE.
Rep. WALKER asked unanimous consent to recall S. 965 (Word version) from the Committee on Education and Public Works.
Rep. OTT objected.
Rep. FUNDERBURK asked unanimous consent to recall H. 4058 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. FUNDERBURK asked unanimous consent to recall S. 398 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
The SPEAKER granted Rep. HAYES a leave of absence for the remainder of the day.
The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day.
Rep. COBB-HUNTER moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The Veto on the following Act was taken up:
(R274) H. 3649 (Word version) -- Reps. Witherspoon, Merrill, Agnew, Anthony, Brady, R. Brown, Duncan, Funderburk, Hagood, Hardwick, Herbkersman, Hiott, Kelly, Loftis, Moss, Ott, E. H. Pitts, Scott, Talley, Toole, Umphlett, Cobb-Hunter, Leach, Cato, Clemmons, Barfield, Ceips, Dantzler, Hamilton, Howard, Jefferson, Lowe, Phillips, G. R. Smith, J. R. Smith, Stavrinakis, Bannister, J. H. Neal, Stewart, Sellers, Mitchell, Williams, G. M. Smith and Mahaffey: AN ACT TO AMEND SECTION 12-63-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX REBATES ON ECOLOGICALLY FRIENDLY VEHICLES AND INCENTIVE PAYMENTS FOR ALTERNATIVE FUEL PURCHASE AND PRODUCTION OF ELECTRICITY OR METHANE GAS, SO AS TO DELETE THE SALES TAX REBATE ON FLEXIBLE FUEL VEHICLES, TO SHORTEN THE TIME PERIOD THE ALTERNATIVE FUEL PURCHASE INCENTIVE IS AVAILABLE, TO BROADEN THE INCENTIVE PAYMENT QUALIFICATIONS FOR THE PRODUCTION OF ELECTRICITY OR METHANE GAS FUEL, TO REPLACE "METHANE GAS FUEL" WITH "ENERGY", AND TO DELETE THE LIMITATIONS ON THE INCENTIVE AMOUNTS; TO AMEND SECTION 46-3-260, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RENEWABLE ENERGY INFRASTRUCTURE DEVELOPMENT FUND AND LOW INTEREST LOANS AND GRANTS, SO AS TO EXPAND THE PURVIEW OF THE MATCHING GRANTS FOR NEW AND FUTURE BIOMASS TECHNOLOGIES TO INCLUDE SOLAR, GEOTHERMAL, WIND ENERGY, AND SMALL HYDROPOWER TECHNOLOGIES AND TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE RATHER THAN THE DEPARTMENT OF REVENUE MAY ADMINISTER THE FUND AND COORDINATE ITS EFFORTS WITH THE STATE ENERGY OFFICE; TO AMEND SECTION 12-6-3600, AS AMENDED, RELATING TO TAX CREDITS FOR AN ETHANOL AND BIODIESEL FACILITY, SO AS TO EXTEND THE TAX CREDIT TO 2017, TO ALLOW THE TAXPAYER TO CLAIM THE CREDIT FOR THE FIRST SIX MONTHS IT MET THE REQUIREMENTS IN ADDITION TO QUALIFYING FOR THE CURRENT TAXABLE YEAR; TO ALLOW UNUSED CREDIT TO BE CARRIED FORWARD FOR TEN YEARS, TO REQUIRE APPROVAL BY THE STATE ENERGY OFFICE RATHER THAN THE DEPARTMENT OF REVENUE, AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS; TO AMEND SECTION 12-6-3610, AS AMENDED, RELATING TO TAX CREDITS FOR THE COST OF PURCHASING AND INSTALLING PROPERTY TO DISTRIBUTE AND DISPENSE RENEWABLE FUELS, SO AS TO REVISE THE DEFINITION OF "RENEWABLE FUEL" FOR CERTAIN TAXPAYERS WHO PURCHASE OR CONSTRUCT QUALIFYING FACILITIES OR COMMERCIAL FACILITIES, TO DELETE THE ONE HUNDRED FIFTY THOUSAND DOLLAR LIMIT, AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS; TO AMEND SECTION 12-6-3620, AS AMENDED, RELATING TO TAX CREDITS FOR THE COST OF METHANE GAS USE, SO AS TO DELETE THE PROVISIONS RELATED TO METHANE GAS, TO END THE TAX CREDIT ALLOWABLE FOR THE PURCHASE AND INSTALLATION OF CERTAIN ENERGY-CREATING FUELS WITH NO LESS THAN NINETY PERCENT BIOMASS RESOURCE, TO ALLOW THE STATE ENERGY OFFICE TO CONSULT WITH OTHER SPECIFIED AGENCIES TO CERTIFY THE COSTS OF THE TAXPAYER, TO PROVIDE PARAMETERS FOR THE TAX CREDIT, TO REDEFINE "BIOMASS RESOURCE", AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS; AND TO AMEND SECTION 12-6-3631, RELATING TO THE BIODIESEL EXPENDITURES TAX CREDIT, SO AS TO EXPAND THE DEFINITIONS OF "QUALIFIED EXPENDITURES FOR RESEARCH AND DEVELOPMENT" AND "CELLULOSIC ETHANOL" AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS.
Rep. WITHERSPOON explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anthony Ballentine Bannister Barfield Battle Bedingfield Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Daning Dantzler Delleney Duncan Erickson Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Hart Harvin Haskins Herbkersman Hiott Hodges Howard Jefferson Jennings Kelly Kirsh Knight Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Walker White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R270) S. 401 (Word version) -- Senators Setzler and Leatherman: AN ACT TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; TO AMEND SECTION 11-35-1524, AS AMENDED, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES; TO AMEND SECTION 11-35-40, AS AMENDED, RELATING TO COMPLIANCE WITH FEDERAL REQUIREMENTS, SO AS TO PROVIDE FOR COMPLIANCE WITH THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-3215, RELATING TO CONTRACTS FOR DESIGN SERVICES, SO AS TO PROVIDE FOR A RESIDENT PREFERENCE; AND TO REPEAL SECTION 11-35-3025 RELATING TO APPROVAL OF CHANGE ORDERS IN CONNECTION WITH CERTAIN CONTRACTS.
Rep. TOOLE explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anthony Bales Ballentine Bannister Barfield Bowen Brady Branham Brantley Breeland G. Brown R. Brown Clemmons Clyburn Cobb-Hunter Coleman Cooper Daning Dantzler Duncan Funderburk Gambrell Govan Haley Hardwick Harrell Hart Harvin Hodges Howard Huggins Jefferson Jennings Knight Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Pinson E. H. Pitts M. A. Pitts Rice Sandifer Sellers F. N. Smith G. M. Smith J. E. Smith Spires Taylor Thompson Toole Umphlett Vick Walker White Williams Witherspoon
Those who voted in the negative are:
Battle Bedingfield Cato Cotty Crawford Delleney Erickson Gullick Hagood Hamilton Harrison Haskins Herbkersman Hiott Kelly Kirsh Leach Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens Perry Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith Stavrinakis Stewart Talley Whitmire Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3058 (Word version) -- Reps. W. D. Smith, Haskins, Young, G. R. Smith, Cobb-Hunter, Kirsh, Mahaffey, Sandifer, Brady, Bedingfield, Funderburk, Mitchell, M. A. Pitts, Whipper and R. Brown: A BILL TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO ADD THAT CRIMINAL DOMESTIC VIOLENCE CONVICTIONS IN OTHER STATES ARE TO BE CONSIDERED WHEN DETERMINING A PREVIOUS CONVICTION FOR PURPOSES OF ENHANCING THE PENALTY.
Rep. G. M. SMITH explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill 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.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4363 (Word version) -- Reps. Harrison, G. M. Smith, Delleney, Bales, McLeod, Hart and Weeks: A BILL TO AMEND SECTION 1-23-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE LAW COURT, SO AS TO MAKE TECHNICAL CHANGES, DELETE THE PROVISION THAT REQUIRES THE ADMINISTRATIVE LAW COURT TO HIRE AND SUPERVISE A LAW CLERK TO ASSIST THE JUDGES WHO HEAR DEPARTMENT OF MOTOR VEHICLE HEARING APPEALS WITH THE ADMINISTRATION OF THOSE APPEALS, TO PROVIDE THAT IF THE DEPARTMENT OF MOTOR VEHICLES ELECTS TO NOT APPEAR AT CERTAIN HEARINGS, IT WAIVES ITS RIGHT TO APPEAL A FINAL DECISION OF A HEARING OFFICER, TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FACILITIES FOR CERTAIN ADMINISTRATIVE HEARINGS, TO PROVIDE THAT THE STATE ETHICS COMMISSION IS RESPONSIBLE FOR THE ENFORCEMENT AND ADMINISTRATION OF CERTAIN APPELLATE COURT RULES AND FOR THE ISSUANCE OF CERTAIN ADVISORY OPINIONS, TO PROVIDE THAT CERTAIN PERSONS MAY ATTEND CERTAIN JUDICIAL-RELATED OR BAR-RELATED FUNCTIONS, AND TO DELETE THE PROVISION THAT ALLOWS THE CHIEF ADMINISTRATIVE LAW JUDGE TO ADJUDICATE CASES UNDER SECTION 1-23-600; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS RELATING TO MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-170, RELATING TO THE ISSUANCE OF RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT A HOLDER OF A RESTRICTED DRIVER'S LICENSE IS ENTITLED TO A HEARING UPON A SUSPENSION OR REVOCATION OF HIS LICENSE, AND TO PROVIDE THAT A HOLDER OF THE LICENSE MAY REQUEST A HEARING BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-820, RELATING TO A DRIVER'S LICENSE HOLDER'S REQUEST FOR A HEARING AFTER HAVING RECEIVED A NOTICE OF SUSPENSION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-1030, AS AMENDED, RELATING TO THE REVOCATION OF THE LICENSE OF A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT THE OFFICE OF MOTOR VEHICLE HEARINGS HAS EXCLUSIVE JURISDICTION TO CONDUCT A HABITUAL OFFENDER DRIVER'S LICENSE REVOCATION HEARING; TO AMEND SECTION 56-1-1090, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE TO A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF CERTAIN DRIVING OFFENSES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES PERMITS OR DENIES THE RELEASE OF AN IMMOBILIZED VEHICLE, AND WHEREBY AN OWNER OF A VEHICLE MAY SEEK RELIEF FROM A DECISION TO HAVE A VEHICLE IMMOBILIZED; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO REFUSES TO SUBMIT TO TESTING TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE TO REQUEST AN ADMINISTRATIVE HEARING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-9-60, AS AMENDED, RELATING TO SELF-INSURER'S FOR MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES RELATING TO THE CANCELLATION OF A SELF-INSURER'S STATUS; TO AMEND SECTION 56-9-363, AS AMENDED, RELATING TO CERTAIN FORMS PRESCRIBED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-510, RELATING TO THE REGISTRATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-530, RELATING TO AN UNINSURED VEHICLE INVOLVED IN CERTAIN ACCIDENTS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-15-350 AND SECTION 56-16-180, BOTH AS AMENDED, RELATING TO THE DENIAL OF, THE ISSUANCE OF, SUSPENSION, AND REVOCATION OF A DRIVER'S LICENSE, SO AS TO MAKE TECHNICAL CHANGES.
Rep. J. E. SMITH proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\5577CM08), which was ruled out of order:
Amend the bill, as and if amended, by deleting SECTION 17 in its entirety and inserting:
/ SECTION 17. The 1976 Code is amended by adding:
"Section 1-23-670. The Administrative Law Court may not construe Section 12-21-3950 to prevent a publicly owned company which files quarterly and annual reports with the United States Securities and Exchange Commission from being permitted to hold not more than fifteen licenses if each license is held by a separate subsidiary corporation of the publicly owned company."
SECTION 18. Section 12-21-3970 of the 1976 Code is amended to read:
"Section 12-21-3970. For each licensed nonprofit organization the promoter manages, operates, or conducts bingo, the promoter must purchase a promoter's license as provided in Section 12-21-3950 before operating or conducting bingo. No promoter is permitted more than five licenses. This license must be prominently displayed at the location where bingo is conducted."
SECTION 19. Section 18 of this act takes effect on July 1, 2008. The remaining sections of this act take effect on October 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. G. M. SMITH raised the Point of Order that Amendment No. 1A was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with hearings before the Department of Motor Vehicles concerning licensing procedures and revocation of driver's licenses, the Amendment dealt with the regulation of bingo business licenses. He, therefore, sustained the Point of Order and ruled the Amendment out of order.
Rep. HAGOOD proposed the following Amendment No. 2A (Doc Name COUNCIL\NBD\12383AC08), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 1-23-600(H)(2) and (4) of the 1976 Code, as last amended by an act of 2008 bearing ratification number 290, is further amended to read:
"(2) A request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; however, matters not affected by the request may not be stayed by the filing of the request and matters for which a license has already been issued and a request is filed for a subsequent license related to the previously licensed matter may not be stayed by the filing of the request. Requests for contested case hearings challenging only the amount of fines or penalties must be deemed not to affect those portions of orders imposing substantive requirements.
(4) After a contested case is initiated before the Administrative Law Court, a party may move before the presiding administrative law judge to lift the stay imposed pursuant to this subsection. Upon motion by any party, the court shall lift the stay for good cause shown or if no irreparable harm will occur, then the stay shall be lifted. A hearing must be held within three five business days after the motion is filed with the court and served upon the parties. The judge must issue an order no later than three five business days after the hearing is concluded."/
Renumber sections to conform.
Amend title to conform.
Rep. COOPER raised the Point of Order that Amendment No. 2A was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with hearings before the Department of Motor Vehicles concerning licensing procedures and revocation of driver's licenses, the Amendment dealt with requests for a contested case hearing before the Administrative Law Court and stays issued by the Administrative Law Court. He, therefore, sustained the Point of Order and ruled the Amendment out of order.
The Senate Amendments were agreed to, and the Bill 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.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4601 (Word version) -- Reps. W. D. Smith, Cobb-Hunter, Talley, Hagood, Scott, Viers, Mitchell, Clemmons and Whipper: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE CRIME VICTIM'S ADVISORY BOARD TO AUTHORIZE ADDITIONAL COUNSELING FOR VICTIMS BASED ON DOCUMENTED NEED; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA FACSIMILE OR OTHER ELECTRONIC MEANS; TO AMEND ARTICLE 14, CHAPTER 3 OF TITLE 16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE THE PROGRAM SO AS TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, TO CREATE THE VICTIM SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, AND TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMSBUDSMAN AND ESTABLISH CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME VICTIMS' OMSBUDSMAN TO PROMULGATE NECESSARY REGULATIONS.
Rep. JENNINGS explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill 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.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4334 (Word version) -- Reps. J. M. Neal, Harrell, Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey, Moss, Mulvaney and Knight: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION.
Rep. J. M. NEAL moved to adjourn debate upon the Senate Amendments until Wednesday, May 28, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3006 (Word version) -- Reps. J. E. Smith, G. R. Smith, Talley, Gullick, Herbkersman, Brady, Mulvaney, Scarborough, Pinson, Shoopman, Hagood, Agnew, Stewart, Bedingfield, McLeod, Funderburk, Perry, Bales, Toole, Stavrinakis, Harrison, Vick, Ceips, Whipper and Bowen: A BILL TO AMEND SECTIONS 56-5-160 AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITION OF THE TERM "BICYCLE", SO AS TO CLARIFY THE DEFINITION AND TO EXCLUDE CHILDRENS' TRICYCLES; TO AMEND SECTION 56-5-1810, RELATING TO TRAFFIC REGULATIONS REQUIRING ONE TO DRIVE ON THE RIGHT SIDE OF THE ROADWAY, INCLUDING REQUIREMENTS FOR SLOWER MOVING VEHICLES, SO AS TO FURTHER SPECIFY THESE REQUIREMENTS AND TO PROVIDE THAT THE INTENT OF SUCH REQUIREMENTS IS TO FACILITATE THE OVERTAKING OF SLOWLY MOVING VEHICLES BY FASTER MOVING VEHICLES; AND TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY VEHICLES, SO AS TO PROVIDE THAT MOTOR VEHICLES MUST NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN SUCH LANES, TO PROVIDE THAT BICYCLISTS ARE NOT REQUIRED TO RIDE ON THE SHOULDER OF A ROADWAY AND TO ALSO PROVIDE THAT A BICYCLIST MAY NOT BE PROHIBITED FROM DOING SO, TO DELETE THE PROVISION REQUIRING A BICYCLIST TO USE A BIKE PATH WHEN PROVIDED, RATHER THAN THE ROADWAY, TO REQUIRE A MOTORIST OVERTAKING A BICYCLIST TO ALLOW A MINIMUM OF FIVE FEET BETWEEN THE MOTOR VEHICLE AND THE BICYCLE, TO DELETE PROVISIONS REQUIRING BICYCLES TO HAVE A BELL OR OTHER AUDIBLE DEVICE, AND TO SPECIFY THE FORM AND EXTENT OF ARM SIGNALS THAT BICYCLISTS MAY USE.
Rep. LOFTIS proposed the following Amendment No. 2A (Doc Name COUNCIL\NBD\12380AC08), which was tabled:
Amend the bill, as and if amended, Section 56-5-3430(D) on page 3, line 29 after /bicycles/ by inserting /and when riding on the roadway must not impede the flow of traffic/
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. G. R. SMITH spoke against the amendment.
Rep. LOFTIS spoke in favor of the amendment.
Rep. MILLER spoke against the amendment.
Rep. MILLER moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 83 to 4.
Rep. E. H. PITTS spoke against the Senate Amendments.
Rep. G. R. SMITH spoke in favor of the Senate Amendments.
Rep. G. M. SMITH moved to adjourn debate upon the Senate Amendments until Wednesday, May 28, which was agreed to.
Rep. MULVANEY moved to reconsider the vote whereby the Veto on the following Act was sustained:
(R270) S. 401 (Word version) -- Senators Setzler and Leatherman: AN ACT TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; TO AMEND SECTION 11-35-1524, AS AMENDED, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES; TO AMEND SECTION 11-35-40, AS AMENDED, RELATING TO COMPLIANCE WITH FEDERAL REQUIREMENTS, SO AS TO PROVIDE FOR COMPLIANCE WITH THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-3215, RELATING TO CONTRACTS FOR DESIGN SERVICES, SO AS TO PROVIDE FOR A RESIDENT PREFERENCE; AND TO REPEAL SECTION 11-35-3025 RELATING TO APPROVAL OF CHANGE ORDERS IN CONNECTION WITH CERTAIN CONTRACTS.
Rep. SIMRILL moved to table the motion to reconsider.
Rep. MULVANEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Anthony Barfield Battle Bedingfield G. Brown Cato Cobb-Hunter Coleman Cotty Crawford Daning Dantzler Delleney Edge Govan Gullick Hagood Hart Haskins Hiott Kelly Kirsh Knight Leach Littlejohn Lowe Lucas Mahaffey Merrill Miller Moss Mulvaney J. M. Neal Owens Perry M. A. Pitts Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Vick Walker Witherspoon Young
Those who voted in the negative are:
Alexander Allen Bales Ballentine Bannister Bingham Bowen Bowers Brady Branham Brantley Breeland R. Brown Clemmons Cooper Duncan Erickson Funderburk Gambrell Haley Harrell Harvin Herbkersman Hodges Howard Huggins Jefferson Jennings Kennedy Loftis Mack McLeod Mitchell J. H. Neal Neilson Ott Parks Pinson Rice Rutherford Sandifer Scarborough J. E. Smith Spires Stavrinakis Taylor Thompson Toole Umphlett Weeks White Williams
So, the motion to reconsider was tabled.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4662 (Word version) -- Reps. Walker, Harrell, Whitmire, Toole, Gullick, Spires, Hiott, Bannister, J. R. Smith, Loftis, Ballentine, Pinson, Cotty, Brady, Bedingfield, Hardwick, Edge, Herbkersman, Lowe, Crawford, Limehouse, Hamilton, G. R. Smith, Harrison, Duncan, Bowen, Huggins, Mahaffey, Erickson, Leach, Owens, Frye, Rice, Hutson, Bingham, Haskins, Littlejohn, Cato, Chalk, Clyburn, Cooper, Dantzler, Davenport, Delleney, Gambrell, Kelly, Lucas, Merrill, Moss, Neilson, E. H. Pitts, Sandifer, Scarborough, Shoopman, Skelton, D. C. Smith, G. M. Smith, W. D. Smith, Talley, Taylor, Umphlett, Viers, White, Witherspoon, Young, Barfield, Knight, Miller, Battle, Perry, Bales, Phillips, J. M. Neal, R. Brown and Whipper: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION ACCOUNTABILITY ACT, SO AS TO REVISE THE MANNER IN WHICH SCHOOLS ARE ASSESSED AND ACCREDITED, TO PROVIDE FOR DESIGNATION TO SIGNIFY VARYING LEVELS OF SCHOOL ACADEMIC PERFORMANCE, AND TO REVISE AND FURTHER PROVIDE FOR OTHER RELATED PROVISIONS REGARDING EDUCATION ACCOUNTABILITY.
Reps. WALKER and WHITMIRE proposed the following Amendment No. 1A (Doc Name COUNCIL\DT\27227BB08), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Chapter 18, Title 59 of the 1976 Code is amended to read:
Section 59-18-100. The General Assembly finds that South Carolinians have a commitment to public education and a conviction that high expectations for all students are vital components for improving academic achievement. It is the purpose of the General Assembly in this chapter to establish a performance based accountability system for public education which focuses on improving teaching and learning so that students are equipped with a strong academic foundation. Accountability, as defined by this chapter, means acceptance of the responsibility for improving student performance and taking actions to improve classroom practice and school performance by the Governor, the General Assembly, the State Department of Education, colleges and universities, local school boards, administrators, teachers, parents, students, and the community.
Section 59-18-110. The system is to:
(1) use academic achievement standards to push schools and students toward higher performance by aligning the state assessment to those standards and linking policies and criteria for performance standards, accreditation, reporting, school rewards, and targeted assistance;
(2) provide an annual report card with a performance indicator system that is logical, reasonable, fair, challenging, and technically defensible which furnishes clear and specific information about school and district academic performance and other performance to parents and the public;
(3) require all districts to establish local accountability systems to stimulate quality teaching and learning practices and target assistance to low performing schools;
(4) provide resources to strengthen the process of teaching and learning in the classroom to improve student performance and reduce gaps in performance;
(5) support professional development as integral to improvement and to the actual work of teachers and school staff; and
(6) expand the ability to evaluate the system and to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts.
Section 59-18-120. As used in this chapter:
(1) 'Oversight Committee' means the Education Oversight Committee established in Section 59-6-10.
(2) 'Standards based assessment' means an assessment where an individual's performance is compared to specific performance standards and not to the performance of other students.
(3) 'Disaggregated data' means data broken out for specific groups within the total student population, such as by race, gender, and family income level of poverty, limited English proficiency status, disability status, or other groups as required by federal statutes or regulations.
(4) 'Longitudinally matched student data' means examining the performance of a single student or a group of students by considering their test scores over time.
(5) 'Norm-referenced assessment' means assessments designed to compare student performance to a nationally representative sample of similar students known as the norm group.
(6) 'Academic achievement standards' means statements of expectations for student learning.
(7) 'Department' means the State Department of Education.
(8) 'Absolute performance' means the rating a school will receive based on the percentage of students meeting standard on the state's standards based assessment.
(9) 'Improvement performance' 'Growth' means the rating a school will receive based on longitudinally matched student data comparing current performance to the previous year's for the purpose of determining student academic growth.
(10) 'Objective and reliable statewide assessment' means assessments that yield consistent results and that measure the cognitive knowledge and skills specified in the state-approved academic standards and do not include questions relative to personal opinions, feelings, or attitudes and are not biased with regard to race, gender, or socioeconomic status. The assessments must include a writing assessment and multiple-choice questions designed to reflect a range of cognitive abilities beyond the knowledge level. Constructive Constructed response questions may be included as a component of the writing assessment.
(11) 'Division of Accountability' means the special unit within the oversight committee established in Section 59-6-100.
(12) 'Formative assessment' means assessments used within the school year to analyze general strengths and weaknesses in learning and instruction, to understand the performance of students individually and across achievement categories, to adapt instruction to meet students' needs, and to consider placement and planning for the next grade level. Data and performance from the formative assessments must not be used in the calculation of school or district ratings.
Section 59-18-300. The State Board of Education is directed to adopt grade specific performance-oriented educational standards in the core academic areas of mathematics, English/language arts, social studies (history, government, economics, and geography), and science for kindergarten through twelfth grade and for grades nine through twelve adopt specific academic standards for benchmark courses in mathematics, English/language arts, social studies, and science. The standards are to promote the goals of providing every student with the competencies to:
(1) read, view, and listen to complex information in the English language;
(2) write and speak effectively in the English language;
(3) solve problems by applying mathematics;
(4) conduct research and communicate findings;
(5) understand and apply scientific concepts;
(6) obtain a working knowledge of world, United States, and South Carolina history, government, economics, and geography; and
(7) use information to make decisions.
The standards must be reflective of the highest level of academic skills with the rigor necessary to improve the curriculum and instruction in South Carolina's schools so that students are encouraged to learn at unprecedented levels and must be reflective of the highest level of academic skills at each grade level.
Section 59-18-310. (A) Notwithstanding any other another provision of law, the State Board of Education, through the Department of Education, is required to develop or adopt a statewide assessment program to promote student learning and to measure student performance on state standards and:
(1) identify areas in which students need additional support;
(2) indicate the academic achievement for schools, districts, and the State;
(3) satisfy federal reporting requirements; and
(4) provide professional development to educators.
Assessments required to be developed or adopted pursuant to the provisions of this section or chapter must be objective and reliable.
(B) The statewide assessment program in the four academic areas must include the Elementary and Middle School Assessment Program (EMSAP) in the subjects of English/language arts, mathematics, science, and social studies in grades three through eight to be first administered in 2010, an exit examination in English/language arts and mathematics, which is to be first administered in a student's second year of high school enrollment beginning with grade nine,; science and social studies assessments as delineated in Section 59-18-320(B); and end-of-course tests for gateway courses awarded Carnegie units of credit in English/language arts, mathematics, science, and social studies. The EMSAP field test must be embedded in the current assessments in 2008 and 2009, with student performance targets established based upon the 2009 field test administration. The EMSAP must be used for school and district accountability purposes beginning with the academic year 2009-2010. However, a student's EMSAP score may not be the sole criterion for placing the student on academic probation, retaining him in his current grade, or requiring him to attend summer school. Beginning with the graduating class of 2010, students are required to pass a high school credit course in science and a course in United States history in which end-of-course examinations are administered to receive the state high school diploma.
(C) To facilitate the reporting of strand level information and the reporting of student scores prior to the beginning of the next school year, multiple choice items must be administered as close to the end of the school year as possible and writing assessment must be administered earlier in the school year.
(D) While assessment is called for in the specific areas mentioned above, this should not be construed as lessening the importance of foreign languages, visual and performing arts, health, physical education, and career or occupational programs.
(D) (E) By March 31, 2007, The State Board of Education shall create a statewide adoption list of formative assessments for grades one through nine aligned with the state content standards and satisfying in English/language arts and mathematics that satisfies professional measurement standards in accordance with criteria jointly determined by the Education Oversight Committee and the State Department of Education. The formative assessments must provide diagnostic information in a timely manner to all school districts for each student during the course of the school year.
For use beginning with the 2007-08 2009-2010 school year, with funds appropriated by the General Assembly, local districts must be allocated resources to select and administer formative assessments from the statewide adoption list to use to improve student performance in accordance with district improvement plans. However, if a local district already administers formative assessments, the district may continue to use the assessments if they meet the state standards and criteria pursuant to this subsection.
(E) The State Board of Education shall adopt a developmentally appropriate formative reading assessment for use in first and second grades to be administered initially in the 2007-08 school year. The assessment must provide opportunities for periodic formative assessment during the school year, reports that are useful for informing classroom instruction, strand, or significant groupings of standards level information about individual students, and must be compatible with best practices in reading instruction and reading research. The State Department of Education shall provide appropriate and on-going professional development to support appropriate use of the assessment.
(F) The State Department of Education shall provide on-going professional development in the development and use of classroom assessments, the use of formative assessments and the use of the end-of-year state assessments so that teaching and learning activities are focused on student needs and lead to higher levels of student performance.
Section 59-18-320. (A) After the first statewide field test of the assessment program in each of the four academic areas, and after the field tests of the end of course assessments of benchmark courses, the Education Oversight Committee, established in Section 59-6-10, will review the state assessment program and the course assessments for alignment with the state standards, level of difficulty and validity, and for the ability to differentiate levels of achievement, and will make recommendations for needed changes, if any. The review will be provided to the State Board of Education, the State Department of Education, the Governor, the Senate Education Committee, and the House Education and Public Works Committee as soon as feasible after the field tests. The Department of Education will then report to the Education Oversight Committee no later than one month after receiving the reports on the changes made to the assessments to comply with the recommendations.
(B) After review and approval by the Education Oversight Committee, the standards-based assessment of mathematics, English/language arts, social studies, and science will be administered to all public school students in grades three through eight, to include those students as required by the 1997 reauthorization of the federal Individuals with Disabilities Education Improvement Act and by Title 1 at the end of grades three through eight of the Elementary and Secondary Education Act, as amended. To reduce the number of days of testing, to the extent possible, field test items must be embedded with the annual assessments. In accordance with the requirements of the federal No Child Left Behind Act, science assessments must be administered annually to all students in one elementary and one middle school grade. The State Department of Education shall develop a sampling plan to administer science and social studies assessments to all other elementary and middle school students. The plan shall provide for all students and both content areas to be assessed annually; however, individual students, except in census testing grades, are not required to take both tests. In the sampling plan, approximately half of the assessments must be administered in science and the other half in social studies in each class. To ensure that school districts maintain the high standard of accountability established in the Education Accountability Act, performance level results reported on school and district report cards must meet consistently high levels in all four core content areas. Beginning with the 2007 report card, the core areas must remain consistent with the following percentage weightings established and approved by the Education Oversight Committee: in grades three through five, thirty percent each for English/language arts and math, and twenty percent each for science and social studies; and in grades six through eight, twenty-five percent each for English/language arts and math, and twenty-five percent each for science and social studies. The exit examination must be administered for the first time at the end of the student's second year of high school enrollment beginning with grade nine. For students with documented disabilities, the assessments developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing Students with Documented Disabilities. The State Board of Education shall establish a task force to recommend alternative evidence and procedures that may be used to allow students to meet graduation requirements even if they have failed the exit examination. The alternative evidence only may be used in the rare instances where there is compelling evidence that a student is well qualified for graduation, but extreme circumstances have interfered with passage of the exit examination and, for that reason alone, the student would be denied a state high school diploma.
(C) After review and approval by the Education Oversight Committee, the end of course assessments of benchmark courses will be administered to all public school students as they complete each benchmark course.
(D) Any New standards and assessments required to be developed and adopted by the State Board of Education, through the Department of Education, must be developed and adopted upon the advice and consent of the Education Oversight Committee.
Section 59-18-330. The State Board of Education, through the State Department of Education, shall develop, select, or adapt a first-grade readiness test that is linked to the adopted grade-one academic standards and a second-grade readiness test that is linked to the adopted grade-two academic standards. The purpose of the tests is to measure individual student readiness, and they are not to be used as an accountability measure at the state level. However, the grade-two readiness test will serve as the baseline for grade-three assessment. The State Department of Education shall provide continuing teacher training to ensure the valid and reliable use of the assessments and develop a minimum statewide data collection plan to include the amount and types of evidence to be collected. Beginning with the 2006-07 school year, the readiness assessment must be modified to provide detailed information on student literacy development. Reserved.
Section 59-18-340. The State Board of Education is directed to administer annually the National Assessment of Education Progress (NAEP) to obtain an indication of student and school performance relative to national performance levels. Schools randomly selected by NAEP must comply with the administration of the assessment.
Section 59-18-350. High schools shall offer state-funded PSAT or PLAN tests to each tenth grade student in order to assess and identify curricular areas that need to be strengthened and re-enforced. Schools and districts shall use these assessments as diagnostic tools to provide academic assistance to students whose scores reflect the need for such assistance. Schools and districts shall use these assessments to provide guidance and direction for parents and students as they plan for postsecondary experiences.
Section 59-18-360. (A) The State Board of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005. At a minimum, each academic area should be reviewed and updated every seven years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee for its consideration. After approval by the Education Oversight Committee, the recommendations may be implemented. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, shall examine the standards and assessment system to determine rigor and relevancy.
(B) Beginning with the 2005 assessment results, the State Department of Education annually shall convene a team of curriculum experts to analyze the results of the assessments, including performance item by item. This analysis must yield a plan for disseminating additional information about the assessment results and instruction and the information must be disseminated to districts not later than January fifteenth of the subsequent year.
Section 59-18-370. The Department of Education is directed to provide assessment results annually on individual students and schools by August 1, in a manner and format that is easily understood by parents and the public. In addition, the school assessment results must be presented in a format easily understood by the faculty and in a manner that is useful for curriculum review and instructional improvement. The department is to provide longitudinally matched student data from the standards based assessments and include information on the performance of subgroups of students within the school. The department must work with the Division of Accountability in developing the formats of the assessment results. Schools and districts shall be are responsible for disseminating this information to parents.
Section 59-18-700. The criteria governing the adoption of instructional materials shall must be revised by the State Board of Education to require that the content of such materials reflect the substance and level of performance outlined in the grade specific educational standards adopted by the state board.
Section 59-18-710. By November, 2000, the State Board of Education, working with the Department of Education and recommendations from the Accountability Division, must promulgate regulations outlining the criteria for the state's accreditation system which must include student academic performance.
Section 59-18-900. (A) The Education Oversight Committee, working with the State Board of Education, is directed to establish an annual report card and its format to report on the performance for the individual elementary, middle, high schools, and school districts of the State. The school's ratings on academic performance must be emphasized and an explanation of their significance for the school and the district must also be reported. The annual report card must serve at least four five purposes:
(1) inform parents and the public about the school's performance;
(2) assist in addressing the strengths and weaknesses within a particular school;
(3) recognize schools with high performance; and
(4) evaluate and focus resources on schools with low performance.; and
(5) meet federal report card requirements.
(B) The oversight committee shall determine the criteria for and establish five academic performance ratings of excellent, good, average, below average, and unsatisfactory. Schools and districts shall receive a rating for absolute and improvement growth performance. Only the scores of students enrolled in the school at the time of the forty-five-day enrollment count shall must be used to determine the absolute and improvement growth ratings. Graduation rates must be used as an additional accountability measure for high schools and school districts. The oversight committee, working with the State Board of Education, shall establish three student performance indicators which will be those considered to be useful for assessing a school's overall performance and appropriate for the grade levels within the school. The student performance levels are Not Met (did not meet grade level standard), Met (met grade level standard), and Exemplary (demonstrated exemplary performance in meeting grade level standard). For purposes of reporting as required by federal statute, 'proficiency' shall include students performing at Met or Exemplary.
(C) In setting the criteria for the academic performance ratings and the performance indicators, the Education Oversight Committee shall report the performance by subgroups of students in the school and schools similar in student characteristics. Criteria must use established guidelines for statistical analysis and build on current data-reporting practices.
(D) The report card must include a comprehensive set of performance indicators with information on comparisons, trends, needs, and performance over time which is helpful to parents and the public in evaluating the school. District report cards shall include the state's National Assessment of Educational Progress (NAEP) scores as well as scores of the nation. Special efforts are to be made to ensure that the information contained in the report card is provided in an easily understood manner and a reader-friendly format. This information should also provide a context for the performance of the school. Where appropriate, the data should yield disaggregated results to schools and districts in planning for improvement. The report card should include information in such areas as programs and curriculum, school leadership, community and parent support, faculty qualifications, evaluations of the school by parents, teachers, and students. In addition, the report card must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary climate, dropout ratios, dropout reduction data, student and teacher ratios, and attendance data.
(E) After reviewing the school's performance on statewide assessments, the principal, in conjunction with the School Improvement Council established in Section 59-20-60, must write an annual narrative of a school's progress in order to further inform parents and the community about the school and its operation. The narrative must cite factors or activities supporting progress and barriers which inhibit progress. The school's report card must be furnished to parents and the public no later than November fifteenth.
(F) The percentage of new trustees who have completed the orientation requirement provided in Section 59-19-45 must be reflected on the school district report card.
(G) The State Board of Education shall promulgate regulations outlining the procedures for data collection, data accuracy, data reporting, and consequences for failure to provide data required in this section.
Section 59-18-910. No later than June 1, 1999, the Accountability Division must report on the development of the performance indicators criteria and the report card to the Education Oversight Committee and the State Board of Education. A second report, to include uniform collection procedures for academic standards and performance indicators, is due by September 1, 1999. No later than September, 1999, the State Department of Education shall report to the Oversight Committee the determination of the levels of difficulty for the assessments by grade and academic area. By March 1, 2000, a report on the development of baseline data for the schools is due from the division. The Education Oversight Committee, working with the State Board of Education, shall conduct a cyclical review of the accountability system at least every five years and shall provide the General Assembly with a report on the findings and actions recommended to be taken.
Section 59-18-920. A charter school established pursuant to Chapter 40, Title 59 shall report the data requested by the Department of Education necessary to generate a report card. The Department of Education shall utilize this data to issue a report card with performance ratings to parents and the public containing the ratings and explaining its significance and providing other information similar to that required of other schools in this section. The performance of students attending charter schools sponsored by the South Carolina Public Charter School District must be included in the overall performance ratings of the South Carolina Public Charter School District. The performance of students attending a charter school authorized by a local school district must be reflected on a separate line on the school district's report card and must not be included in the overall performance ratings of the local school district. An alternative school is included in the requirements of this chapter; however, the purpose of an alternative school must be taken into consideration in determining its performance rating. The Education Oversight Committee, working with the State Board of Education and the School to Work Advisory Council, shall develop a report card for career and technology schools.
Section 59-18-930. Beginning in 2001 and annually thereafter the State Department of Education must issue report cards to all schools and districts of the State no later than November first. The report card must be mailed to all parents of the school and the school district. The school, in conjunction with the district board, must also inform the community of the school's report card by advertising the results in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline.
Section 59-18-1100. The State Board of Education, working with the division and the Department of Education, must establish the Palmetto Gold and Silver Awards Program to recognize and reward schools for academic achievement and for closing the achievement gap. Awards will be established for schools attaining high levels of absolute performance, and for schools attaining high rates of improvement growth, and for schools making substantial progress in closing the achievement gap between disaggregated groups. The award program must base improved performance on longitudinally matched student data and may include such additional criteria as:
(1) student attendance;
(2) teacher attendance;
(3) student dropout graduation rates; and
(4) any other factors promoting or maintaining high levels of achievement and performance.
Schools shall must be rewarded according to specific criteria established by the division. In defining eligibility for a reward for high levels of performance, student performance should exceed expected levels of improvement. The State Board of Education shall promulgate regulations to ensure districts of the State utilize these funds to improve or maintain exceptional performance according to their school's plans established in Section 59-139-10. Funds may be utilized for professional development support.
Special schools for the academically talented are not eligible to receive an award pursuant to the provisions of this section unless they have demonstrated improvement and high absolute achievement for three years immediately preceding.
Section 59-18-1110. (A) Notwithstanding any other another provision of law, a school is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the defined program provided that, during a three-year period, the following criteria are satisfied:
(1) the school has twice been a recipient of a Palmetto Gold or Silver Award, pursuant to Section 59-18-1100;
(2) the school has met annual improvement standards for subgroups of students in reading and mathematics; and
(3) the school has exhibited no recurring accreditation deficiencies.
(B) Schools receiving flexibility status are released from those regulations and statutory provisions referred to above including, but not limited to, regulations and statutory provisions on class scheduling, class structure, and staffing. The State Board of Education in consultation with the Education Oversight Committee must promulgate regulations and develop guidelines for providing this flexibility by December 1, 2001.
(C) To continue to receive flexibility pursuant to this section, a school must annually exhibit school improvement at or above the state average as computed in the school recognition program pursuant to Section 59-18-1100 and must meet the gains required for subgroups of students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board of Education for an extension of this status for one year.
(D) In the event that a school is removed from flexibility status, the school is not subject to regulations and statutory provisions exempted under this section until the beginning of the school year following notification of the change in status by the State Department of Education. Subsequent monitoring by the State Department of Education in a school that is removed from flexibility status shall not include a review of program records exempted under this section for the period that the school has received flexibility status or for the school year during which the school was notified of its removal from flexibility status.
Section 59-18-1120. (A) Notwithstanding any other another provision of law, a school designated as unsatisfactory while in such status is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the defined program or other State Board of Education regulations, dealing with the core academic areas as outlined in Section 59-18-120, provided that the review team recommends such flexibility to the State Board of Education.
(B) Other schools may receive flexibility when their strategic plan explains why such exemptions are expected to improve the academic performance of the students and the plan meets the approval by the State Board of Education. To continue to receive flexibility pursuant to this section, a school must annually exhibit overall school improvement as outlined in its revised plan and must meet the gains set for subgroups of students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board of Education for an extension of this status for one year according to the provisions of Section 59-18-1110(D).
Section 59-18-1300. The State Board of Education, based on recommendations of the division, must develop regulations requiring that no later than August, 1999, each district board of trustees must establish and annually review a performance based accountability system, or modify its existing accountability system, to reinforce the state accountability system. Parents, teachers, and principals must be involved in the development, annual review, and revisions of the accountability system established by the district. The board of trustees shall ensure that a district accountability plan be developed, reviewed, and revised annually. In order to stimulate constant improvement in the process of teaching and learning in each school and to target additional local assistance for a school when its students' performance is low or shows little improvement, the district accountability system must build on the district and school activities and plans required in Section 59-139-10. In keeping with the emphasis on school accountability, principals should be actively involved in the selection, discipline, and dismissal of personnel in their particular school. The date the school improvement reports must be provided to parents is changed to February first. Until such time as regulations pursuant to this section become effective, school district accountability systems must be developed, adopted, and implemented in accordance with State Board of Education guidelines.
The Department of Education shall offer technical support to any a district requesting assistance in the development of an accountability plan. Furthermore, the department must conduct a review of accountability plans as part of the peer review process required in Section 59-139-10(H) to ensure strategies are contained in the plans that shall maximize student learning. The department shall submit plans for the peer review process to the division for approval by August, 1999. School districts not having an approved plan by August 1, 1999, shall must be provided a plan by the department within ninety days.
Section 59-18-1310. The strategic plans and improvement reports required of the public schools and districts in Sections 59-18-1300, 59-18-1500, and 59-20-60 are consolidated and reported as follows: district and school five-year plans and annual updates and district programmatic reports, and school reports developed in conjunction with the school improvement council to parents and constituents to include recommendations of any an Education Accountability Act external review teams as approved by the State Board of Education and the steps being taken to address the recommendations, and the advertisement of this report are due on a date established by the Department of Education, but no later than April thirtieth annually; schools reviewed by external review teams shall prepare a report to the parents and constituents of the school, to be developed in conjunction with the School Improvement Council, and this report shall must be provided and advertised no later than April thirtieth annually. The school report card narrative in Section 59-18-900 continues on its prescribed date.
Section 59-18-1500. (A) When a school receives a rating of below average or unsatisfactory, the following actions must be undertaken by the school, the district, and the board of trustees:
(1) The faculty of the school with the leadership of the principal must review its improvement plan and revise it with the assistance of the school improvement council established in Section 59-20-60. The revised plan should look at every aspect of schooling, and must outline activities that, when implemented, can reasonably be expected to improve student performance and increase the rate of student progress. The plan should provide a clear, coherent plan for professional development, which has been designed by the faculty, that is ongoing, job related, and keyed to improving teaching and learning. A time line for implementation of the activities and the goals to be achieved must be included.
(2) Once the revised plan is developed, the district superintendent and the local board of trustees shall review the school's strategic plan to determine if the plan focuses on strategies to increase student academic performance. Once the district board has approved the plan, it must delineate the strategies and support the district will give the plan.
(3) After the approval of the revised plan, the principals' and teachers' professional growth plans, as required by Section 59-26-40 and Section 59-24-40, should be reviewed and amended to reflect the professional development needs identified in the revised plan and must establish individual improvement criteria on the performance dimensions for the next evaluation.
(4) The school, in conjunction with the district board, must inform the parents of children attending the school of the ratings received from the State Board of Education and must outline the steps in the revised plan to improve performance, including the support which the board of trustees has agreed to give the plan. This information must go to the parents no later than February first. This information must also be advertised in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline. The notice must include the following information: name of school district, name of superintendent, district office telephone number, name of school, name of principal, telephone number of school, school's absolute performance rating and improvement growth performance rating on student academic performance, and strategies which must be taken by the district and school to improve student performance; and
(5) Upon a review of the revised plan to ensure it contains sufficiently high standards and expectations for improvement, the Department of Education is to delineate the activities, support, services, and technical assistance it will make available to support the school's plan and sustain improvement over time. Schools meeting the criteria established pursuant to Section 59-18-1560 will be eligible for the grant programs created by that section.
Section 59-18-1510. (A) When a school receives a rating of unsatisfactory or upon the request of a school rated below average, an external review team must be assigned by the Department of Education to examine school and district educational programs, actions, and activities. The Education Oversight Committee, in consultation with the State Department of Education, shall develop the criteria for the identification of persons to serve as members of an external review team which shall include representatives from selected school districts, respected retired educators, State Department of Education staff, higher education representatives, parents from the district, and business representatives.
(B) The activities of the external review committee may include:
(1) examine all facets of school operations, focusing on strengths and weaknesses, determining the extent to which the instructional program is aligned with the content standards, and recommendations which draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics;
(2) consult with parents, community members, and members of the School Improvement Council to gather additional information on the strengths and weaknesses of the school;
(3) identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board;
(4) work with school staff, central offices, and local boards of trustees in the design of the school's plan, implementation strategies, and professional development training that can reasonably be expected to improve student performance and increase the rate of student progress in that school;
(5) identify needed support from the district, the State Department of Education, and other sources for targeted long-term technical assistance;
(6) report its recommendations, no later than three months after the school receives the designation of unsatisfactory to the school, the district board of trustees, and the State Board of Education; and
(7) report annually to the local board of trustees and state board over the next four years, or as deemed necessary by the state board, on the district's and school's progress in implementing the plans and recommendations and in improving student performance.
(C) Within thirty days, the Department of Education must notify the principal, the superintendent, and the district board of trustees of the recommendations approved by the State Board of Education. After the approval of the recommendations, the department shall delineate the activities, support, services, and technical assistance it will provide to the school. With the approval of the state board, this assistance will continue for at least three years, or as determined to be needed by the review committee to sustain improvement.
Section 59-18-1520. If the recommendations approved by the state board, the district's plan, or the school's revised plan is are not satisfactorily implemented by the school rated unsatisfactory and its school district according to the time line developed by the State Board of Education or if student academic performance has not met expected progress, the principal, district superintendent, and members of the board of trustees must appear before the State Board of Education to outline the reasons why a state of emergency should not be declared in the school. The state superintendent, after consulting with the external review committee and with the approval of the State Board of Education, shall must be granted the authority to take any of the following actions:
(1) furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education;
(2) declare a state of emergency in the school and replace the school's principal; or
(3) declare a state of emergency in the school and assume management of the school.
Section 15-18-1530. (A) Teacher specialists on site must may be assigned in any of the four core academic areas to a an elementary, middle, or high school in an impaired district or designated as below average or unsatisfactory,. if the review team so recommends and recommendation is approved by the State Board of Education. Teacher specialists on site must be assigned at a rate of one teacher for each grade level with a maximum of five to elementary schools in impaired districts or designated as below average or unsatisfactory. Teacher specialists may be placed across grade levels and across subject areas when placement meets program criteria based on external review team recommendations, need, number of teachers receiving support, and certification and experience of the specialist. The Department of Education, in consultation with the Division of Accountability, shall develop a program for the identification, selection, and training of teachers with a history of exemplary student academic achievement to serve as teacher specialists on site. Retired educators may be considered for specialists.
(B) In order to sustain improvement and help implement the review team's recommendations, the specialists will teach and work with the school faculty on a regular basis throughout the school year for up to three years, or as recommended by the review committee and approved by the state board. Teacher specialists are limited to three years of service at one school unless the specialist submits application for an extension, the application is accepted by the State Department of Education, and placement is made. Upon acceptance and placement, the specialist can receive the salary and supplement for two additional years, but is no longer attached to the home district or guaranteed placement in the home district upon leaving the teacher specialist program. Teacher specialists must teach a minimum of three hours per day on average in team teaching or teaching classes. Teacher specialists shall not be assigned administrative duties or other responsibilities outside the scope of this section. The specialists will assist the school in gaining knowledge of best practices and well-validated alternatives, demonstrate effective teaching, act as coach for improving classroom practices, give support and training to identify needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a teacher specialist.
(C) To encourage and recruit teachers for assignment to below standard and unsatisfactory schools, those assigned to such schools will receive their salary and a supplement equal to fifty percent of the current southeastern average teacher salary as projected by the State Budget and Control Board, Office of Research and Analysis. The salary and supplement is to be paid by the State for three years. Teacher specialists may be employed as a technical assistance service pursuant to subsection (B) of this section.
(D) In order to attract a pool of qualified applicants to work in low-performing schools, the Education Oversight Committee, in consultation with the Leadership Academy of the South Carolina Department of Education, shall develop criteria for the identification, selection, and training of principals with a history of exemplary student academic achievement. Retired educators may be considered for principal specialists. A principal specialist may be hired for a school designated as unsatisfactory, if the district board of trustees chooses to replace the principal of that school. The principal specialist will assist the school in gaining knowledge of best practices and well-validated alternatives in carrying out the recommendations of the review team. The specialist will demonstrate effective leadership for improving classroom practices, assist in the analyses of assessment data, work with individual members of the faculty emphasizing needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills designed to increase academic performance. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a principal specialist.
(E) In order to attract a pool of qualified principals to work in low-performing schools, the principal specialists hired in such schools will receive their salary and a supplement equal to 1.25 times the supplement amount calculated for teachers. The salary and supplement are to be paid by the State for two years.
(F) The supplements are to be considered part of the regular salary base for which retirement contributions are deductible by the South Carolina Retirement System pursuant to Section 9-1-1020. Principal and teacher specialists on site who are assigned to below average and unsatisfactory schools shall must be allowed to return to employment with their previous district at the end of the contract period with the same teaching or administrative contract status as when they left but without assurance as to the school or supplemental position to which they may be assigned.
(G) For retired educators drawing benefits from the state retirement system who are serving in the capacity of principal or teacher specialist on site, the earnings limitations which restrict the amount of compensation that may be earned from covered employment while drawing benefits under the state retirement system do not apply to any compensation paid to them as an on-site specialist not to exceed one year of such employment whether they are working directly for the school district or for some entity in this capacity. However, no further contributions may be made to the state retirement system related to this compensation and no additional retirement benefits or credits may be received or accrued.
(H) Within the parameters herein, the school district will have final determination on individuals who are assigned as teacher specialists and principal specialists.
Section 59-18-1540. Each principal continued in employment in schools in districts designated as impaired or in schools designated as below average or unsatisfactory must participate in a formal mentoring program with a principal. The Department of Education, working with the Education Oversight Committee, shall design the mentoring program and provide a stipend to those principals serving as mentors.
Section 59-18-1550. Each teacher employed in schools designated as below average or unsatisfactory who participate in the professional development activities and the improvement actions of the school which go beyond the normal school day and year may earn credits toward recertification according to the criteria established by the State Board of Education. To receive credit, activities must be based on identified professional development needs outlined in the school's improvement plan and must include at least one of the following:
(1) summer institute with follow-up activities;
(2) practice of new teaching strategies with peers regularly throughout the school year;
(3) work with peer study groups during the academic year in planning lessons; and
(4) observing and coaching regularly in one another's classrooms.
The activities must be approved by the Department of Education and the department shall determine the amount of credit earned by the participation.
Section 59-18-1560. (A) The State Board of Education, working with the Accountability Division and the Department of Education, must establish grant programs for schools designated as below average and for schools designated as unsatisfactory. A school designated as below average will qualify for a grant to undertake any needed retraining of school faculty and administration once the revised plan is determined by the State Department of Education to meet the criteria on high standards and effective activities. A school designated as unsatisfactory will qualify for the grant program after the State Board of Education approves its revised plan. A grant or a portion of a grant may be renewed annually over the next three years, if school and district actions to implement the revised plan continue. Should student performance not improve, any revisions to the plan must meet high standards prior to renewal of the grant. The revised plan must be reviewed by the district and board of trustees and the State Department of Education to determine what other actions, if any, need to be taken. A grant may be extended for up to an additional two years, if the State Board of Education determines it is needed to sustain academic improvement. The funds must be expended based on the revised plan and according to criteria established by the State Board of Education. Prior to extending any a grant, the Accountability Division shall review school expenditures to make a determination of the effective use of previously awarded grant funds. If deficient use is determined, those deficiencies must be identified, noted, and corrective action taken before a grant extension will be given.
(B) The State Board of Education, working with the Department of Education and with the approval of the Education Oversight Committee, will develop guidelines outlining eligibility for the grant programs and methods of distributing funds which will be in effect until such time as the school ratings in Section 59-18-900(B) are implemented. In developing the eligibility guidelines, the board should consider criteria similar to that used in the former impaired district program. Until such time as regulations are promulgated, the funds shall must be distributed on a per teacher basis for use only as outlined in the revised school plan.
(C) A public school assistance fund shall must be established as a separate fund within the state general fund for the purpose of providing financial support to assist poorly performing schools. The fund may consist of grants, gifts, and donations from any a public or private source or monies that may be appropriated by the General Assembly for this purpose. Income from the fund shall must be retained in the fund. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The State Board of Education, in consultation with the commission, shall administer and authorize any disbursements from the fund. The State Board of Education shall promulgate regulations to implement the provisions of this section.
Section 59-18-1570. (A) When a district receives a rating of below average, the State Superintendent, with the approval of the State Board of Education, shall appoint an external review committee to study educational programs in that district and identify factors affecting the performance of the district. The review committee must:
(1) examine all facets of school and district operations, focusing on strengths and weaknesses, determining the extent to which the instructional program is aligned with the content standards and shall make recommendations which draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics;
(2) consult with parents and community members to gather additional information on the strengths and weaknesses of the district;
(3) identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board;
(4) work with school staff, central offices, and local boards of trustees in the design of the district's plan, implementation strategies, and professional development training that can reasonably be expected to improve student performance and increase the rate of student progress in the district;
(5) identify needed support from the State Department of Education and other sources for targeted long-term technical assistance;
(6) report its recommendations, no later than three months after the district receives the designation of unsatisfactory, to the superintendent, the district board of trustees, and the State Board of Education; and
(7) report annually over the next four years to the local board of trustees and state board, or as deemed necessary by the state board, on the district's and school's progress in implementing the plans and recommendations and in improving student performance.
(B) Within thirty days, the Department of Education must notify the superintendent and the district board of trustees of the recommendations approved by the State Board of Education. Upon the approval of the recommendations, the Department of Education must delineate the activities, support, services, and technical assistance it will provide to support the recommendations and sustain improvement over time. The external review committee must report annually to the local board of trustees and the state board over the next four years, or as deemed necessary by the state board, on the district's progress in implementing the recommendations and improving student performance.
(C) The review committee shall must be composed of State Department of Education staff, representatives from selected school districts, higher education, and business.
Section 59-18-1580. (A) If recommendations approved by the State Board of Education are not satisfactorily implemented by the school district according to the time line developed by the State Board of Education, or if student performance has not made the expected progress and the school district is designated as unsatisfactory, the district superintendent and members of the board of trustees shall appear before the State Board of Education to outline the reasons why a state of emergency must not be declared in the district.
(B) The state superintendent, with the approval of the State Board of Education, is granted authority to:
(1) furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education to include establishing and conducting a training program for the district board of trustees and the district superintendent to focus on roles and actions in support of increases in student achievement;
(2) mediate personnel matters between the district board and district superintendent when the State Board of Education is informed by majority vote of the board or the superintendent that the district board is considering dismissal of the superintendent, and the parties agree to mediation;
(3) recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the state superintendent may furnish an interim replacement until the vacancy is filled by the district board of trustees. District boards of trustees negotiating contracts for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts; and
(4) declare a state of emergency in the school district and assume management of the school district.
(C) The district board of trustees may appoint at least two nonvoting members to the board from a pool nominated by the Education Oversight Committee and the State Department of Education. The appointed members shall have demonstrated high levels of knowledge, commitment, and public service, must be recruited and trained for service as appointed board members by the Education Oversight Committee and the State Department of Education, and shall represent the interests of the State Board of Education on the district board. Compensation for the nonvoting members must be paid by the State Board of Education in an amount equal to the compensation paid to the voting members of the district board.
Section 59-18-1590. To assist schools and school districts as they work to improve classroom practice and student performance, the Department of Education must increase the delivery of quality technical assistance services and the assessment of instructional programs. The department may need to reshape some of its organization and key functions to make them more consistent with the assistance required by schools and districts in developing and implementing local accountability systems and meeting state standards. The Department of Education must:
(1) establish an ongoing state mechanism to promote successful programs found in South Carolina schools for implementation in schools with similar needs and students, to review evidence on instructional and organizational practices considered to be effective, and to alert schools and classroom teachers to these options and the sources of training and names of implementing schools;
(2) provide information and technical assistance in understanding state policies, how they fit together, and the best practice in implementing them; and
(3) establish a process for monitoring information provided for accountability and for assessing improvement efforts and implementation of state laws and policies which focuses on meeting the intent and purpose of those laws and policies.
Section 59-18-1595. Notwithstanding any other another provision of law, and in order to provide assistance at the beginning of the school year, schools may qualify for technical assistance based on the criteria established by the Education Oversight Committee for school ratings and on the most recently available end-of-year assessment scores. In order to best meet the needs of low-performing schools, the funding provided for technical assistance under the Education Accountability Act may be reallocated among the programs and purposes specified in this section. The State Department of Education shall establish criteria for reviewing and assisting schools that will be rated unsatisfactory using a tiered system with the lowest-performing schools receiving highest priority. Not to exceed the statewide total number of specialists stipulated by the Education Accountability Act, the highest priority school assistance shall include a year-long technical assistance team that may include a lead principal or curriculum specialist, or both. All specialists shall have a demonstrated record of success in their field and shall be entitled to the incentives and benefits of a teacher specialist. Technical assistance for below average schools shall be provided to the extent possible in order of need. or below average. Funds must be expended on strategies and activities as expressly outlined in the school plan. The activities may include, but are not limited to, teacher specialist, principal specialist, curriculum specialist, principal leader, principal mentor, professional development, compensation incentives, homework centers, formative assessments, or comprehensive school reform efforts. The State Department of Education shall provide information on the technical assistance strategies and their impact to the State Board of Education, the Education Oversight Committee, the Senate Education Committee, the Senate Finance Committee, the House of Representatives Education and Public Works Committee, and the House of Representatives Ways and Means Committee annually.
Section 59-18-1600. (A) A school that has received an unsatisfactory absolute academic performance rating on its most recent report card shall offer an orientation class for parents. The orientation class must focus on the following topics:
(1) the value of education;
(2) academic assistance programs that are available at the school and in the community;
(3) student discipline;
(4) school policies;
(5) explanation of information that will be presented on the school's report card issued in November; and
(6) other pertinent issues.
(B) The school shall offer the orientation class each year the school receives an unsatisfactory absolute academic performance rating on the school report card and shall provide parents with written notification of the date and time of the meeting. Schools are encouraged to offer the orientation class at a time in which the majority of parents would be able to attend. Additionally, schools are encouraged to provide orientation classes in community settings or workplaces so that the needs of parents with transportation difficulties or scheduling conflicts can be met.
(C) A parent or guardian of each student who is registered to attend the school shall attend the orientation class each year it is offered.
Section 59-18-1700. (A) An on-going public information campaign must be established to apprise the public of the status of the public schools and the importance of high standards for academic performance for the public school students of South Carolina. A special committee shall must be appointed by the chairman of the Education Oversight Committee to include two committee members representing business and two representing education and others representing business, industry, and education. The committee shall plan and oversee the development of a campaign, including public service announcements for the media and other such avenues as deemed appropriate for informing the public. The plan must be reported to the Governor, the Senate Education Committee, and the House Education and Public Works Committee by March 15, 1999.
(B) A separate fund within the state general fund will be established to accept grants, gifts, and donations from any a public or private source or monies that may be appropriated by the General Assembly for the public information campaign. Members of the Oversight Committee representing business will solicit donations for this fund. Income from the fund shall must be retained in the fund. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The Oversight Committee shall administer and authorize any disbursements from the fund. Private individuals and groups shall must be encouraged to contribute to this endeavor.
Section 59-18-1910. The State Board of Education shall establish grant programs to fund homework centers in schools and districts designated as below average and unsatisfactory. Until such time as these ratings are established, all schools in districts declared to be impaired are eligible to receive funding on a per pupil basis. Schools receiving such designations must provide centers that go beyond the regular school hours where students can come and receive assistance in understanding and completing their school work. Funds provided for these centers may be used for salaries for certified teachers and for transportation costs. Homework centers meeting the criteria established by the board shall receive funds as appropriated by the General Assembly. For 1998-99 1998-1999, of the funds appropriated for assessment, up to five hundred thousand dollars shall must be used for homework centers.
Section 59-18-1920. (A) The State Board of Education, through the Department of Education, shall establish a grant program to encourage school districts to pilot test or implement a modified school year or school day schedule. The purpose of the grant is to assist with the additional costs incurred during the intersessions for salaries, transportation, and operations, or for additional costs incurred by lengthening the school day. For a district to qualify for a grant, all the schools within a specific feeder zone or elementary-to-middle-to-high-school attendance area, must be pilot testing or implementing the modified year or day schedule. Districts declared to be impaired will have priority in obtaining such grants.
(B) To obtain a grant, a district shall submit an application to the state board in a format specified by the Department of Education. The application shall include a plan for implementing a modified year or day that provides the following: more time for student learning, learning opportunities that typically are not available in the regular student day, targeted assistance for students whose academic performance is significantly below promotion standards, more efficient use of facilities and other resources, and evaluations of the impact of the modified schedule. Local district boards of trustees shall require students whose performance in a core subject area, as defined in Section 59-18-300, is the equivalent of a 'D' average or below to attend the intersessions or stay for the lengthened day and receive special assistance in the subject area. Funding for the program is as provided by the General Assembly in the annual appropriations act. Each grant award for program pilot testing or implementation may not exceed a three-year period.
Section 59-18-1930. The Education Oversight Committee shall provide for a comprehensive review of state and local professional development to include principal leadership development and teacher staff development. The review must provide an analysis of training to include what professional development is offered, how it is offered, the support given to implement skills acquired from professional development, and how the professional development enhances the academic goals outlined in district and school strategic plans. The oversight committee shall recommend better ways to provide and meet the needs for professional development, to include the use of the existing five contract days for in service. Needed revisions shall must be made to state regulations to promote use of state dollars for training which meets national standards for staff development.
Upon receipt of the recommendations from the comprehensive review of state and local professional development, the State Department of Education shall develop an accountability system to ensure that identified professional development standards are effectively implemented. As part of this system the department shall provide information on the identified standards to all principals and other professional development leaders. Training for all school districts in how to design comprehensive professional development programs that are consistent with the standards shall also be a part of the implementation. A variety of staff development options that address effective teaching and assessment of state academic standards and workforce preparation skills shall must be included in the information provided to principals and other professional development leaders to ensure high levels of student achievement."
SECTION 2. Article 5, Chapter 18, Title 59 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Cotty Crawford Daning Dantzler Delleney Duncan Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hiott Kelly Leach Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney J. M. Neal Owens Perry Pinson E. H. Pitts Rice Scarborough Shoopman Simrill Skelton G. R. Smith J. R. Smith Spires Stewart Thompson Toole Umphlett Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Alexander Allen Anderson Anthony Bales Battle Bowers Branham Brantley Breeland R. Brown Clyburn Cobb-Hunter Coleman Funderburk Govan Hart Harvin Hodges Howard Jefferson Jennings Kennedy Kirsh Knight Mack McLeod Miller Mitchell Moss J. H. Neal Neilson Ott Parks M. A. Pitts Rutherford Sandifer Scott Sellers D. C. Smith F. N. Smith G. M. Smith J. E. Smith Stavrinakis Talley Taylor Vick Weeks Williams
So, the amendment was adopted.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
I support changes to the state's EAA. For years, a number of Representatives have pushed for the elimination of PACT testing, replacing it with another form of testing which is more in line with what other states use. I voted on the prevailing side for the Walker/Whitmire Amendment No. 1A, with the intent of making a motion to reconsider the vote whereby the Amendment was adopted.
Rep. Jeff Duncan
Rep. MERRILL moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 27, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 75:
S. 75 (Word version) -- Senators Ryberg, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-110, TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 27, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 996:
S. 996 (Word version) -- Senators Ceips, Grooms and Cleary: A BILL TO AMEND CHAPTER 15 OF TITLE 57 OF THE 1976 CODE, RELATING TO PROVISIONS AFFECTING FERRIES ONLY, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS LOCATED WITHIN THE COUNTY NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT GOVERNING BODIES OF ADJOINING COUNTIES MAY ENTER INTO AN AGREEMENT TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS THAT LIE WITHIN EACH COUNTY THAT ARE NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION AND COUNTY GOVERNING BODIES MAY ENTER INTO AGREEMENTS WITH PRIVATE ENTITIES TO FINANCE, IN WHOLE OR IN PART, THE COST OF ACQUIRING, EQUIPPING, MAINTAINING, AND OPERATING A PUBLIC FERRY, TO ESTABLISH CERTAIN MINIMUM SAFETY REQUIREMENTS, TO ALLOW FOR PRIVATE CONTRIBUTIONS FOR FERRY OPERATION AND MAINTENANCE, AND TO PROVIDE FOR A FERRY ON THE INTRACOASTAL WATERWAY IN GEORGETOWN COUNTY.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The SPEAKER ordered the following Veto printed in the Journal:
May 27, 2008
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 H. 3567 (Word version), R. 288, which increases the tax on cigarettes by 50 cents per pack, but I take this action after careful study and pause as many people I admire have contacted our office about this proposal.
I do so because the revenue from this tax increase is dedicated to the start of additional spending on health care - for which there is no additional revenue as these programs grow. In that regard, the bill represents two tax increases - an immediate one with the bill's passage, and a second over time to pay for these new programs. As much as this administration would have liked to have been able to support raising the cigarette tax, as we have long been advocates of doing so, in this case we cannot for the two raises to the tax load on South Carolinians that this proposal entails.
As Ways and Means Chairman Dan Cooper rightfully noted after the bill passed the House, "We're just going to create a funding problem down the road." Even casual observers know that Chairman Cooper and I rarely end up on the same side of an issue, but when we do, it is worth noting. If this bill survives this veto, then, by any account, taxpayers will be saddled with a very significant expense over the years ahead.
Before I get into the nuts and bolts of this proposal, I think it is important to lay out some of our overriding concerns.
Liberty is the hallmark of the American experiment. In this regard, above safety, health, and a host of other concerns, the Founding Fathers placed the principle of liberty as the foundational theme to what makes our republic special. The money that each one of us has to spend as we see fit, or so-called economic freedom, is a real bellwether on the larger notion of freedom. It is this administration's view that we ought to maximize each person's discretion in spending the money they earn over the course of working forty, fifty, and sixty hour weeks. Today, South Carolinians already spend 130 percent of the national average on their government. While we have long supported raising the cigarette tax and swapping it off by lowering yet another tax, if you care about economic freedom, why would you support raising the tax load on working South Carolinians?
There are now 6.5 billion people on earth, and because of globalization we are in a newfound competition for jobs, capital, and way of life - the likes of which we've never seen before. This administration does not believe that raising the aggregate tax load on South Carolinians makes us more competitive in today's world.
Finally, even if we are able to look past these first two concerns, we would still be compelled to veto this proposal based on our concerns on the sustainability of current programs in South Carolina government. Why would we add new programs when policymakers have been unable to come up with funding for current programs already promised to the people of our state? We now sit on a $27 billion unfunded liability for health and retiree benefits. In the private sector this sort of unfunded liability would send you to jail. Although in any political environment there seems to be an unlimited bias toward making new and additional promises, rather than first addressing the commitments already on the table, it is the view of this Administration that we must do first things first. In this regard, no matter how meritorious the program, we believe we should pay for existing obligations before making new ones. Whether one's political persuasion is from the left or right, it would seem to me that we could all agree on the importance of sustainable government spending. This is especially true as Washington is now looking at materially revising the Medicaid system. What this means is at the very time that we raise South Carolina's commitment to Medicaid, Washington may reduce its - and, as a consequence, our system would find itself that much less sustainable in economic terms.
I will now go into a little greater detail tied both to the thoughts above, and others, which drove our decision on the cigarette tax.
We believe first that the key to making health care more available to the people of our state rests in reform to the system rather than simply raising taxes. There are two main components of coverage in this bill - first, expansion of the Medicaid and State Child Health Insurance Program (SCHIP) and premium assistance for the uninsured - and to sustain either over time will entail raising taxes.
Historically, when cigarette taxes are increased, the revenue generated will decline over time. That alone means that there will be less revenue coming in to the program the next year and benefits will have to be reduced or eliminated. Assuming, just for argument's sake, that the revenue remains constant for a two or three year period - the average annual growth of the Medicaid program is eight percent. This also means that services or benefits will have to be reduced in each year after the first. Try as we might, we cannot assume that cigarette tax revenues and expansion of Medicaid and SCHIP will somehow beat the overwhelming odds of reduced revenue and increased costs. Soon after this program begins it appears that either cigarette tax will be raised again in what becomes a spiral of declining revenues and increased costs or, alternatively, policymakers will raise taxes again.
We have the benefit of learning from the mistakes of other states around the country. Just two years ago, Governor Arnold Schwarzenegger introduced a sweeping new plan in California to provide universal coverage for all Californians totaling $14 billion. Though it gained national notoriety, the debate dragged on through this year and the plan ultimately faded because of the fiscal impact. In the aftermath of that, he has now proposed cutting roughly $1.5 billion in health care services.
In Massachusetts, then-Governor Mitt Romney introduced a plan to provide "universal coverage." However, inflationary demands have led to skyrocketing costs that may well limit many people's health care options over the long run. The plan is currently underfunded by $150 million and the current Governor has requested nearly twice the funding in the next year - and subsequently acknowledged that request was too little. The Massachusetts Legislature is considering an assortment of options, from reductions in provider payments, greater penalties to small businesses, increasing taxes, and even cutting some benefits to offset the program. In the next 10 years, the current plan is expected to cost an additional $4 billion greater than anticipated. So bad are the cost overruns that the health plan is now being referred to as "The New Big Dig" - a reference to the Boston transportation project that was filled with excessive costs, mismanagement, and corruption - costing taxpayers billions.
Just as in those proposals, this bill fails to acknowledge the first problem of health care access - how we regulate and manage the marketplace. The health insurance market in South Carolina suffers the same problem that other states, and even the federally-regulated marketplace, suffer -the consumer has few options and little control of the product. Rather than wrap another layer of bureaucracy on top of a system that, over the long run, may well discount access to hundreds of thousands of South Carolinians, we need to first look at longer term fixes to the system.
Today, health care consumers have more than 30 different benefits mandated on them - raising the cost of health insurance by roughly $550 a year on South Carolina families. Let me put that another way - the tax imposed in this bill would cost a married couple, who both smoke a pack a day, an additional $365 a year. In essence, given our mandates, state law would continue to penalize a couple more for purchasing health insurance than smoking.
Just last week, the state of Florida enacted a law to allow consumers to purchase a "stripped down" insurance policy. Today, thirteen states allow such plans - and it strikes me that we should exhaust remedies like this before we simply raise a tax. In short, there are many examples of innovation in the health care market, and we need address the root cause of what ails our system.
Second, and as I just mentioned our state has $27 billion in unfunded liabilities, but this is compounded by the fact that this bill came with a budget that raids nearly $100 million from the Medicaid Reserve Funds intended to cover program reforms and anticipated growth in demand for Medicaid services. If we are serious about protecting Medicaid, it would seem to me that the first place to start would come in not borrowing over $100 million from the fund.
Finally, going all the way back to my very first State of the State address in 2003, I have advocated the notion of increasing the cigarette tax. Concurrently, I have advocated dedicating those revenues toward reducing another, more economically destructive tax rather than use revenue that, historically, declines over time to create new programs or expand existing ones.
In the realm of taxes, we believe that they are not all created equally. We have consistently advocated the notion that the top marginal rate in South Carolina - the highest effective tax rate in the Southeast - weakens investment and stifles economic activity. On the other hand, a consumption tax such as the cigarette tax is more optional in nature, allowing the individual to make the choice as to whether they want to pay the tax. Through many different venues, we have tried to work with the General Assembly to raise this consumption tax, in exchange for a reduction in the income tax. I applaud the leadership of House Majority Leader Jim Merrill for offering an amendment during the House debate to do just that and thank the 51 members who joined him in supporting this common sense approach.
With our proposal, which would have raised the cigarette tax by 30 cents in exchange for an optional flat tax, South Carolina would have joined seven other states in bringing simplification to the income tax structure. If the General Assembly truly wants to provide an economic stimulus for the average South Carolinian, they would have adopted something closer to our proposal. This notion is supported by the Atlanta Federal Reserve Board which stated in a recent study, "Relative marginal tax rates have a statistically significant negative relationship with relative state growth." Put another way, the lower the tax rate the greater the state's economic growth.
In summary, the legislation is well-intentioned, and increasing access to care for the uninsured is a shared goal. However, this legislation requires substantial tax increases over time to provide the health care the bill promises.
Mr. Speaker, I would respectfully ask you and your colleagues to support this veto so that we can instead focus on providing meaningful, long-term solutions to the health care system here in South Carolina. Alternatively, send me a cigarette tax increase tied to offering a flat tax option for South Carolinians that would encourage productivity and investment for our economy, and I will sign it immediately.
For these reasons, I am vetoing and returning without my signature H. 3567, R. 288.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R288) H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON EACH CIGARETTE IN AN AMOUNT OF TWO AND ONE-HALF CENTS, PROVIDE FOR THE CREDITING OF THE REVENUE FROM THE SURTAX TO THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE DEPARTMENT OF AGRICULTURE FOR MARKETING STATE-GROWN CROPS, THE MEDICAID TRUST FUND, AND THE HEALTH CARE TRUST FUND, PROVIDE FOR REPORTING, PAYMENT, COLLECTION, AND ENFORCEMENT OF THE SURTAX, AND DEFINE "CIGARETTE"; TO AMEND SECTION 12-21-620, RELATING TO THE ORIGINAL CIGARETTE TAX, SO AS TO CONFORM DEFINITIONS; BY ADDING SECTION 11-11-230 SO AS TO CREATE AND ESTABLISH IN THE STATE TREASURY THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE MEDICAID TRUST FUND, THE HEALTH CARE TRUST FUND, AND THE PALMETTO HEALTH CARE SAFETY NET TRUST FUND, ALL SO AS TO RECEIVE DEPOSITS OF THE REVENUES FROM THE CIGARETTE SURTAX AS SPECIFIED; TO PROVIDE FOR USE OF THE MEDICAID TRUST FUND FOR MEDICAID SERVICES TO LOW INCOME FAMILIES WITH INCOMES UP TO ONE HUNDRED PERCENT OF THE PREVAILING POVERTY LEVEL, PROVIDE FOR ADDITIONAL COVERAGE FOR THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM AND THE AGED, BLIND, AND DISABLED PROGRAM WITH ANY EXCESS FUNDS, AND TO PROVIDE FOR ANNUAL REPORTS ON THE MEDICAID TRUST FUND; BY ADDING CHAPTER 62 TO TITLE 38 SO AS TO CREATE AND ESTABLISH THE PALMETTO HEALTH CARE PREMIUM ASSISTANCE PROGRAM, PROVIDING FOR PREMIUM ASSISTANCE IN THE AVERAGE AMOUNT OF TWO THOUSAND DOLLARS TO AN ELIGIBLE INDIVIDUAL TOWARD THE PURCHASE OF A QUALIFYING HEALTH INSURANCE PLAN, DESCRIBING ELIGIBILITY REQUIREMENTS AND THE CERTIFICATION PROCESS, DEFINING THE QUALIFYING INDIVIDUALLY OR EMPLOYER-SPONSORED INSURANCE PLANS, AND PROVIDING FOR ADMINISTRATION AND REPORTING BY THE DEPARTMENT OF INSURANCE; BY ADDING SECTION 38-74-75 SO AS TO CREATE THE PALMETTO HEALTH CARE SAFETY NET PROGRAM, ESTABLISHING A SELF-SUSTAINING AND FINANCIALLY INDEPENDENT PORTION OF THE PREMIUM ASSISTANCE POOL, AND PROVIDING FOR ELIGIBILITY REQUIREMENTS, ADMINISTRATION, AND REPORTING BY THE DEPARTMENT OF INSURANCE AND OPERATING GUIDELINES; TO PROHIBIT THE EXCESSIVE PURCHASE OF CIGARETTES FOR RESALE IN ANTICIPATION OF THE APPLICATION OF THE SURTAX; AND TO CREATE A STUDY COMMITTEE ON HEALTH CARE ACCESS AND AFFORDABILITY, PROVIDE FOR ITS MEMBERSHIP, AND REQUIRE A REPORT ON ITS FINDINGS AND RECOMMENDATIONS BY JANUARY 1, 2010.
Rep. OTT moved to adjourn debate on the Veto until Tuesday, June 3.
Rep. COOPER moved to table the motion to adjourn debate on the Veto.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Crawford Daning Delleney Duncan Edge Erickson Frye Gambrell Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hiott Huggins Kelly Kirsh Leach Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens Perry Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Alexander Allen Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Dantzler Funderburk Govan Gullick Hart Harvin Hodges Howard Jefferson Jennings Kennedy Knight Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Rice Rutherford Scott Sellers F. N. Smith J. E. Smith Stavrinakis Vick Weeks Williams
So, the motion to adjourn debate was tabled.
Rep. COOPER explained the Veto.
Rep. OTT spoke against the Veto.
Rep. SCOTT spoke against the Veto.
Rep. J. H. NEAL spoke against the Veto.
Rep. J. E. SMITH spoke against the Veto.
Rep. J. E. SMITH continued speaking.
Rep. GOVAN spoke against the Veto.
Rep. ANDERSON moved that the House do now adjourn.
Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Cotty Dantzler Funderburk Govan Harrison Hart Harvin Hodges Jefferson Kennedy Mack McLeod Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Scott Sellers F. N. Smith J. E. Smith Stavrinakis Vick Weeks Williams
Those who voted in the negative are:
Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Crawford Daning Delleney Duncan Edge Erickson Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Haskins Herbkersman Hiott Huggins Jennings Kelly Kirsh Knight Leach Littlejohn Loftis Lowe Lucas Mahaffey Merrill Miller Mulvaney Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Walker White Whitmire Witherspoon Young
So, the House refused to adjourn.
Rep. GOVAN continued speaking.
Rep. MACK spoke against the Veto.
Rep. HODGES spoke against the Veto.
Rep. HARRELL spoke in favor of the Veto.
Rep. JENNINGS spoke against the Veto.
Rep. MERRILL moved cloture on the entire matter.
Rep. FUNDERBURK demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Cotty Crawford Daning Dantzler Delleney Duncan Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Huggins Kelly Kirsh Leach Littlejohn Loftis Lowe Mahaffey Merrill Moss Mulvaney Owens Perry E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stewart Talley Taylor Toole Umphlett Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Alexander Allen Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Funderburk Govan Hart Harvin Hiott Hodges Howard Jefferson Jennings Kennedy Knight Lucas Mack McLeod Miller Mitchell J. H. Neal J. M. Neal Neilson Ott Parks Pinson Rutherford Scott Sellers F. N. Smith J. E. Smith Stavrinakis Thompson Vick Weeks Williams
So, cloture was ordered.
Rep. RUTHERFORD spoke against the Veto.
Rep. OTT spoke against the Veto.
Rep. OTT continued speaking.
Rep. RICE spoke against the Veto.
Rep. KENNEDY spoke against the Veto.
Rep. COBB-HUNTER spoke against the Veto.
Rep. COBB-HUNTER continued speaking.
Rep. HART spoke against the Veto.
Rep. JEFFERSON spoke against the Veto.
Rep. G. BROWN spoke against the Veto.
Rep. BRANTLEY spoke against the Veto.
Rep. R. BROWN spoke against the Veto.
Rep. E. H. PITTS spoke in favor of the Veto.
Rep. EDGE spoke in favor of the Veto.
Rep. MERRILL spoke in favor of the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Ballentine Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Cotty Crawford Dantzler Funderburk Govan Gullick Hart Harvin Hiott Hodges Howard Huggins Jefferson Jennings Kennedy Knight Mack Mahaffey McLeod Miller Mitchell J. H. Neal J. M. Neal Ott Owens Parks Pinson Rice Rutherford Scarborough Scott Sellers Skelton F. N. Smith J. E. Smith Stavrinakis Vick Weeks Whitmire Williams
Those who voted in the negative are:
Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Daning Delleney Duncan Edge Erickson Frye Gambrell Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Kelly Kirsh Leach Littlejohn Loftis Lowe Lucas Merrill Moss Mulvaney Neilson Perry E. H. Pitts M. A. Pitts Sandifer Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Walker White Witherspoon Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
My decision to vote "no" on the veto override of H. 3567 was due to fiscal conservative values. I voted in favor of the tax increase three times last week because those plans were revenue neutral. Very simply, I could not vote for this Bill as it passed the General Assembly.
Rep. Shannon S. Erickson
I was absent during the vote on the Governor's Veto of H. 3567. If I had been present, I would have voted to override the Governor's Veto of the Bill.
Rep. Creighton B. Coleman
H. 3567 (Word version) sets up a trap for future taxpayers. The reality is that this legislation actually represents a tax increase on everyone in future years and I cannot support that. We should be smarter in spending the money.
Rep. Jeff Duncan
Rep. COOPER moved to reconsider the vote whereby the Veto on the following Bill was sustained:
(R288) H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON EACH CIGARETTE IN AN AMOUNT OF TWO AND ONE-HALF CENTS, PROVIDE FOR THE CREDITING OF THE REVENUE FROM THE SURTAX TO THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE DEPARTMENT OF AGRICULTURE FOR MARKETING STATE-GROWN CROPS, THE MEDICAID TRUST FUND, AND THE HEALTH CARE TRUST FUND, PROVIDE FOR REPORTING, PAYMENT, COLLECTION, AND ENFORCEMENT OF THE SURTAX, AND DEFINE "CIGARETTE"; TO AMEND SECTION 12-21-620, RELATING TO THE ORIGINAL CIGARETTE TAX, SO AS TO CONFORM DEFINITIONS; BY ADDING SECTION 11-11-230 SO AS TO CREATE AND ESTABLISH IN THE STATE TREASURY THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE MEDICAID TRUST FUND, THE HEALTH CARE TRUST FUND, AND THE PALMETTO HEALTH CARE SAFETY NET TRUST FUND, ALL SO AS TO RECEIVE DEPOSITS OF THE REVENUES FROM THE CIGARETTE SURTAX AS SPECIFIED; TO PROVIDE FOR USE OF THE MEDICAID TRUST FUND FOR MEDICAID SERVICES TO LOW INCOME FAMILIES WITH INCOMES UP TO ONE HUNDRED PERCENT OF THE PREVAILING POVERTY LEVEL, PROVIDE FOR ADDITIONAL COVERAGE FOR THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM AND THE AGED, BLIND, AND DISABLED PROGRAM WITH ANY EXCESS FUNDS, AND TO PROVIDE FOR ANNUAL REPORTS ON THE MEDICAID TRUST FUND; BY ADDING CHAPTER 62 TO TITLE 38 SO AS TO CREATE AND ESTABLISH THE PALMETTO HEALTH CARE PREMIUM ASSISTANCE PROGRAM, PROVIDING FOR PREMIUM ASSISTANCE IN THE AVERAGE AMOUNT OF TWO THOUSAND DOLLARS TO AN ELIGIBLE INDIVIDUAL TOWARD THE PURCHASE OF A QUALIFYING HEALTH INSURANCE PLAN, DESCRIBING ELIGIBILITY REQUIREMENTS AND THE CERTIFICATION PROCESS, DEFINING THE QUALIFYING INDIVIDUALLY OR EMPLOYER-SPONSORED INSURANCE PLANS, AND PROVIDING FOR ADMINISTRATION AND REPORTING BY THE DEPARTMENT OF INSURANCE; BY ADDING SECTION 38-74-75 SO AS TO CREATE THE PALMETTO HEALTH CARE SAFETY NET PROGRAM, ESTABLISHING A SELF-SUSTAINING AND FINANCIALLY INDEPENDENT PORTION OF THE PREMIUM ASSISTANCE POOL, AND PROVIDING FOR ELIGIBILITY REQUIREMENTS, ADMINISTRATION, AND REPORTING BY THE DEPARTMENT OF INSURANCE AND OPERATING GUIDELINES; TO PROHIBIT THE EXCESSIVE PURCHASE OF CIGARETTES FOR RESALE IN ANTICIPATION OF THE APPLICATION OF THE SURTAX; AND TO CREATE A STUDY COMMITTEE ON HEALTH CARE ACCESS AND AFFORDABILITY, PROVIDE FOR ITS MEMBERSHIP, AND REQUIRE A REPORT ON ITS FINDINGS AND RECOMMENDATIONS BY JANUARY 1, 2010.
Rep. GOVAN moved that the House do now adjourn.
Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Cotty Dantzler Funderburk Govan Hart Harvin Hiott Hodges Howard Jefferson Jennings Kennedy Knight Mack Mahaffey McLeod Miller Mitchell J. H. Neal J. M. Neal Ott Parks Rice Rutherford Scott Sellers F. N. Smith J. E. Smith Stavrinakis Vick Weeks Williams
Those who voted in the negative are:
Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Crawford Daning Delleney Duncan Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Huggins Kelly Kirsh Leach Littlejohn Loftis Lowe Lucas Merrill Moss Mulvaney Owens Perry Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Walker White Whitmire Witherspoon Young
So, the House refused to adjourn.
Rep. COOPER moved to table the motion to reconsider.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Crawford Daning Delleney Duncan Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Kelly Kirsh Leach Littlejohn Loftis Lowe Lucas Merrill Moss Mulvaney J. M. Neal Perry E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Alexander Allen Anderson Anthony Bales Ballentine Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Cotty Dantzler Funderburk Govan Hart Harvin Hiott Hodges Howard Huggins Jefferson Jennings Kennedy Knight Mack Mahaffey McLeod Miller Mitchell J. H. Neal Ott Owens Parks Pinson Rice Rutherford Scott Sellers Skelton F. N. Smith J. E. Smith Stavrinakis Vick Weeks Williams
So, the motion to reconsider was tabled.
Rep. COOPER moved that the House do now adjourn.
Rep. HART raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. RICE moved that the House do now adjourn, which was agreed to.
At 7:36 p.m. the House, in accordance with the motion of Rep. CATO, adjourned in memory of Rhea Eskew of Greenville, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Monday, June 22, 2009 at 12:03 P.M.