South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 924 . . . . . Thursday, February 10, 2000

Thursday, February 10, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Enable us, Lord, to never take our eyes off the paths You would have us to go. Cause us to see each day as a new page upon which we write. Give to us a simple childlike faith, assured that the future is as secure as the promises of God. When we are wrong, make us easy to change; when we are right, make us easy to get along with. Keep us steadfast in our discipleship lest we build our lives on sand, rather than upon Him who is the Rock of Ages. We pray in praise and thanksgiving. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. CARNELL moved that when the House adjourns, it adjourn in memory of Dr. Don L. Peoples of Ware Shoals, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

S. 494 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO INSULIN DEPENDENT DIABETICS.
Ordered for consideration tomorrow.


Printed Page 925 . . . . . Thursday, February 10, 2000

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4589 (Word version) -- Reps. Perry, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION HONORING THE MEMORY OF THE HONORABLE CARL WOODLEY LITTLEJOHN, JR., OF AIKEN COUNTY AND EXTENDING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HIS FAMILY AND COUNTLESS FRIENDS.

Whereas, the members of the General Assembly are deeply saddened to learn of the death of The Honorable Carl Woodley Littlejohn, Jr., on Thursday, January 27, 2000, at the age of seventy-five; and


Printed Page 926 . . . . . Thursday, February 10, 2000

Whereas, former Representative Carl Littlejohn, a native of Spartanburg, served in the South Carolina House of Representatives from 1955 through 1956. During this period, he was a member of the House Education and Public Works Committee; and

Whereas, Carl Littlejohn attended Wofford College and received his LL.B. Degree from the University of South Carolina in 1953. While a student at the University of South Carolina's Law School, he was Editor-In-Chief of the South Carolina Law Quarterly in 1952, and in Who's Who Among Students in American Universities and Colleges in 1952-1953; and

Whereas, he served his country with honor in the United States Army Air Corps during World War II and was a life member of the American Legion; and

Whereas, former Representative Littlejohn was an attorney and served as the Corporate Secretary for the Graniteville Company; and

Whereas, he was a member of St. Paul's Lutheran Church in Aiken, and was a founding member of Helping Hands of Aiken. He was President of the Aiken Chamber of Commerce, 1972-1973; Past President of the Sertoma Club, 1974-1975; and was currently on the Board of Directors of Gregg Graniteville. He was also involved with the American Red Cross, Boy Scouts of America, Toastmasters, and the National Exchange Club; and

Whereas, Carl Littlejohn received numerous awards including the Order of the Palmetto in 1981 and the Luther Gold Citizen Award; and

Whereas, he was married to the late Ruth Rogers Littlejohn and is survived by: two sons, Robin E. Littlejohn of Aiken and Roger W. and Nikki Littlejohn of North Augusta; twin daughters, Carla R. Littlejohn of Aiken and Cheryl L. and Paul D. Williams of Aiken; and four grandchildren, Carl D. Williams, Christina R. Williams, Roger W. Littlejohn, Jr., and Jason P. Williams; and

Whereas, Carl Littlejohn tirelessly contributed his time, talents, and energy to numerous causes for the betterment of his community; and


Printed Page 927 . . . . . Thursday, February 10, 2000

Whereas, this dear and caring man will be sorely missed by all whose lives touched his. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, honor the memory of The Honorable Carl Woodley Littlejohn, Jr., of Aiken County and extend their deepest sympathy to his family and countless friends.

Be it further resolved that a copy of this resolution be forwarded to the family of The Honorable Carl Woodley Littlejohn, Jr.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

On motion of Rep. SANDIFER, with unanimous consent, the following was taken up for immediate consideration:

H. 4590 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SENECA HIGH SCHOOL "LADY CATS" SOFTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, FEBRUARY 16, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1999 CLASS AAA STATE SOFTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Seneca High School "Lady Cats" Softball Team, coaches, and other school officials on Wednesday, February 16, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1999 Class AAA State Softball Championship.

The Resolution was adopted.


Printed Page 928 . . . . . Thursday, February 10, 2000

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1133 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION CONGRATULATING THE BATESBURG-LEESVILLE HIGH SCHOOL PANTHERS ON WINNING THE 1999 CLASS AA STATE CHAMPIONSHIP IN FOOTBALL.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4591 (Word version) -- Reps. Hawkins and Klauber: A BILL TO AMEND SECTION 56-1-2070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST AND EXCEPTIONS TO THE PROVISIONS RELATING TO THE DRIVING OF A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH CERTAIN MILITARY PERSONNEL MAY OPERATE A GOVERNMENT-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE THAT CERTAIN MILITARY PERSONNEL MAY OPERATE A STATE-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER'S LICENSE.
Referred to Committee on Education and Public Works

S. 354 (Word version) -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS DEBT RECOVERY ACT OF 1999", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED JUDGMENTS AGAINST ANOTHER PERSON FOR A COMMERCIAL DEBT A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO AMEND SECTION 37-5-104,


Printed Page 929 . . . . . Thursday, February 10, 2000

RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR CERTAIN CONSUMER DEBTS, SO AS TO PERMIT GARNISHMENT FOR COMMERCIAL DEBTS AS DEFINED IN CHAPTER 42 OF TITLE 15 ABOVE.
Referred to Committee on Judiciary

S. 929 (Word version) -- Senators Courson, Wilson, Passailaigue, Setzler, Reese, Grooms, Hayes, Branton, Rankin and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-675 SO AS TO PROVIDE THAT STATE AGENCIES OR DEPARTMENTS HAVING EMPLOYEES LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR BECAUSE OF EXTREME WEATHER OR OTHER EMERGENCY CONDITIONS MAY NOT REQUIRE THOSE EMPLOYEES TO MAKE UP TIME LOST FROM WORK, TO PROVIDE THAT EMPLOYEES OF THE STATE OF SOUTH CAROLINA LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR AS A RESULT OF EXTREME WEATHER OR OTHER EMERGENCY CONDITIONS ARE NOT REQUIRED UNDER THE HAZARDOUS WEATHER POLICY TO MAKE UP TIME LOST FROM WORK, AND TO PROVIDE FOR COMPENSATORY TIME FOR CERTAIN EMPLOYEES.
Referred to Committee on Ways and Means

S. 936 (Word version) -- Senators Cork and Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO ADD SUN CITY 2 AND SUN CITY 3 TO THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE NEW PRECINCTS ARE DELINEATED.
Referred to Committee on Judiciary

S. 997 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO DEFINE, AMONG OTHER TERMS, "AFTER-MARKET CRASH PART" AND "CRASH PART"; AND BY ADDING SECTIONS 38-77-246


Printed Page 930 . . . . . Thursday, February 10, 2000

THROUGH 38-77-256 SO AS TO PRESCRIBE THE CONDITIONS UNDER WHICH AN INSURER MAY REQUIRE THE USE OF AFTER-MARKET CRASH PARTS IN VEHICLE REPAIR, TO REQUIRE DISCLOSURE OF THE REQUIRED USE OF SUCH PARTS, AND TO PROVIDE PENALTIES.
Referred to Committee on Labor, Commerce and Industry

S. 1008 (Word version) -- Senators Holland and Hutto: A BILL TO AMEND SECTION 56-1-460 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELLED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Referred to Committee on Judiciary

S. 1108 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO SETTLEMENT BY AGREEMENT AND FINAL RELEASE AND RELATING TO REPORTING ATTORNEYS' FEES FOR APPROVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

HOUSE RESOLUTION

On motion of Rep. HARRELL, with unanimous consent, the following was taken up for immediate consideration:

H. 4592 (Word version) -- Rep. Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE REPRESENTATIVES OF THE COLLEGE OF CHARLESTON ON THURSDAY, FEBRUARY 10, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED BY THE MEMBERS OF THE HOUSE OF REPRESENTATIVES.

Be it resolved by the House of Representatives:


Printed Page 931 . . . . . Thursday, February 10, 2000

That the privilege of the floor of the South Carolina House of Representatives is extended to the representatives of the College of Charleston on Thursday, February 10, 2000, at a time to be determined by the Speaker, for the purpose of being recognized by the members of the House of Representatives.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allison                Altman                 Bailey
Bales                  Barfield               Barrett
Battle                 Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Campsen                Canty
Carnell                Cato                   Clyburn
Cobb-Hunter            Cooper                 Dantzler
Delleney               Easterday              Edge
Fleming                Frye                   Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Huggins
Inabinett              Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   McCraw
McGee                  McKay                  McLeod, M.
McLeod, W.             McMahand               Meacham-Richardson
Miller                 Neal, J.M.             Neilson
Ott                    Parks                  Perry
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, R.              Stille                 Stuart

Printed Page 932 . . . . . Thursday, February 10, 2000

Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 10.

Lewis Vaughn                      Eldridge Emory
Converse Chellis                  Kenneth Kennedy
Chuck Allen                       J. Cordell Maddox
Joseph Neal                       Douglas Jennings
Ralph Davenport                   James Smith
Becky Martin                      Leon Howard
Richard Quinn                     Jackson Whipper
Lynn Seithel                      John Hawkins
Bessie Moody-Lawrence

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. LANFORD a leave of absence due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. COTTY a leave of absence due to appearing in court.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ASKINS a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. J. Capers Hiott of Sumter is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. STUART and the Lexington Delegation presented to the House the Swansea High School Tiger Marching Band, the 1999 Class AA Champions, and their directors.


Printed Page 933 . . . . . Thursday, February 10, 2000

SPECIAL PRESENTATION

Rep. HARRELL and the Charleston Delegation presented to the House representatives of the College of Charleston commending the baccalaurete programs in natural sciences for their achievement and progress in pursuing academic excellence.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 4280 (Word version)
Date:   ADD:
02/10/00   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 4297 (Word version)
Date:   ADD:
02/10/00   W. MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4306 (Word version)
Date:   ADD:
02/10/00   FLEMING


Printed Page 934 . . . . . Thursday, February 10, 2000

CO-SPONSOR REMOVED

Bill Number:   H. 4470 (Word version)
Date:   REMOVE:
02/10/00   HINSON

LEAVE OF ABSENCE

The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day due to family medical reasons.

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:

H. 4524 (Word version) -- Rep. Easterday: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENVILLE COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

H. 4327 (Word version) -- Reps. Lucas, Harris and Neilson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF ANY SCHOOL OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND THE FLOODING THAT FOLLOWED ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3889 (Word version) -- Rep. Edge: A BILL TO AMEND CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIMESHARING PLANS,


Printed Page 935 . . . . . Thursday, February 10, 2000

BY ADDING ARTICLE 3, SO AS TO PROVIDE PROCEDURES FOR THE FORECLOSURE OF LIENS ON TIMESHARE ESTATES; AND TO DESIGNATE SECTIONS 27-32-10 THROUGH 27-32-250 AS ARTICLE 1, CHAPTER 32, TITLE 27, ENTITLED "VACATION TIME SHARING PLANS".

H. 4568--SENT TO THE SENATE

The following Bill was taken up:

H. 4568 (Word version) -- Reps. Klauber and Carnell: A BILL TO PROVIDE THAT WHERE THE POLLING PLACE OF A VOTING PRECINCT IS LOCATED WITHIN A SCHOOL IN GREENWOOD COUNTY, NO CHARGE MAY BE MADE FOR THE USE OF THAT POLLING PLACE DURING A GENERAL, SPECIAL, OR PRIMARY ELECTION OR REFERENDUM OF ANY TYPE WHETHER BINDING OR ADVISORY.

Rep. PARKS demanded the yeas and nays which were taken, resulting as follows:

Yeas 2; Nays 1

Those who voted in the affirmative are:

Carnell                Klauber

Total--2

Those who voted in the negative are:

Parks

Total--1

So, the Bill was read the third time and ordered sent to the Senate.

ORDERED TO THIRD READING

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

H. 4581 (Word version) -- Reps. Neilson, J. Hines and Lucas: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE DARLINGTON COUNTY


Printed Page 936 . . . . . Thursday, February 10, 2000

SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4581--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 4581 (Word version) be read the third time tomorrow.

S. 1034--DEBATE ADJOURNED

Rep. M. HINES moved to adjourn debate upon the following Bill until Monday, March 27, which was adopted:

S. 1034 (Word version) -- Senators Leatherman, Glover, Elliott, Land, McGill and Saleeby: A BILL TO AMEND SECTION 7-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO COMBINE THE BACK SWAMP AND QUINBY PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

S. 418--POINT OF ORDER

The following Bill was taken up:

S. 418 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSCRIBER CHARGES FOR E-911 SERVICES, SO AS TO ESTABLISH THE AMOUNT OF THE LEVY FOR EACH CMRS CONNECTION AT THE SAME RATE AS THE AVERAGE MONTHLY LOCAL EXCHANGE ACCESS FACILITY 911 CHARGE, AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REVISE THE RESPONSIBILITIES OF THE COMMITTEE AND TO DELETE THE COMMITTEE'S SCHEDULED TERMINATION DATE OF AUGUST 1, 2001.


Printed Page 937 . . . . . Thursday, February 10, 2000

POINT OF ORDER

Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4271--POINT OF ORDER

The following Bill was taken up:

H. 4271 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 56-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, RENTAL RATES, AND PERMITTED AND PROHIBITED CHARGES, SO AS, AMONG OTHER THINGS, TO ELIMINATE THE PROHIBITION UPON A RENTAL COMPANY OF CHARGING AN ADDITIONAL FEE AS A CONDITION OF RENTING, INCLUDING, BUT NOT LIMITED TO, FUEL SURCHARGES, TO ELIMINATE THE REQUIREMENT THAT THE MEANS OF AVOIDING AIRPORT SURCHARGES MUST BE DISCLOSED CLEARLY AND CONSPICUOUSLY IN ALL ADVERTISEMENTS OF A RENTAL RATE TO WHICH AIRPORT SURCHARGES MAY APPLY, AND TO PROVIDE THAT ONLY AIRPORT FEES THAT ARE REMITTED TO THE AIRPORT MANAGEMENT ARE PERMITTED TO BE SEPARATELY STATED AND COLLECTED.

POINT OF ORDER

Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 1020--POINT OF ORDER

The following Bill was taken up:

S. 1020 (Word version) -- Senators Passailaigue, Saleeby, Hayes, Matthews, Patterson, McConnell, Ford, Reese and Courtney: A BILL TO AMEND SECTION 33-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN


Printed Page 938 . . . . . Thursday, February 10, 2000

CONNECTION WITH BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO INCLUDE AS A FINANCIAL INSTITUTION A FEDERAL OR STATE AGENCY WHICH LENDS OR INVESTS FUNDS, TO DEFINE "LOAN CALL" AND "LOAN CALL AGREEMENT" AND REDEFINE "LOAN LIMITS", AND TO PROVIDE FOR A WRITTEN LOAN AGREEMENT BETWEEN A CORPORATION AND ITS MEMBERS RATHER THAN A STATUTORY LINE OF CREDIT; TO AMEND SECTION 33-37-70, AS AMENDED, RELATING TO TAXATION OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THE STATE TAX EXEMPTIONS ALSO FOR A SUBSIDIARY CORPORATION; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO POWERS OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THAT A BUSINESS DEVELOPMENT CORPORATION MAY NOT MORTGAGE OR ASSIGN ITS ASSETS EXCEPT ON A PRO RATA BASIS TO ALL PARTIES PROVIDING CREDIT, OTHER THAN FOR SHORT-TERM LOANS AND PURCHASE MONEY LOANS FOR THE ACQUISITION OF CERTAIN INDUSTRIAL AND BUSINESS ASSETS, TO PROVIDE FOR THE POWERS OF A BUSINESS DEVELOPMENT CORPORATION'S SUBSIDIARY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 33-37-450, AS AMENDED, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS, SO AS TO PROVIDE FOR DETERMINATION OF THE NUMBER OF ADDITIONAL VOTES OF A MEMBER BY ITS LOAN LIMIT PURSUANT TO THE LOAN CALL AGREEMENT; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE BUSINESS DEVELOPMENT CORPORATION, SO AS TO DELETE STATUTORY REQUIREMENTS FOR LINES OF CREDIT AND PROVIDE FOR LINES OF CREDIT PURSUANT TO MUTUAL AGREEMENT, DECREASE FROM TWENTY TO TEN PERCENT THE TOTAL AMOUNT A MEMBER MAY HAVE OUTSTANDING AT ANY ONE TIME ON LOANS TO THE CORPORATION, TO PROVIDE FOR REVOLVING LINES OF CREDIT AND LEAD LENDERS, AND TO DELETE THE AUTOMATIC INCREASE IN LINES OF CREDIT OF MERGING ENTITIES; AND BY ADDING SECTION 33-37-465 SO AS TO PROVIDE FOR THE MAKING AND SECURING OF SHORT-TERM LOANS TO THE CORPORATION BY A MEMBER.


Printed Page 939 . . . . . Thursday, February 10, 2000

POINT OF ORDER

Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4311--POINT OF ORDER

The following Bill was taken up:

H. 4311 (Word version) -- Reps. Sandifer and Emory: A BILL TO AMEND SECTIONS 36-9-301 AND 36-9-312, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN COLLATERAL OTHER THAN INVENTORY, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.

POINT OF ORDER

Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4337--POINT OF ORDER

The following Bill was taken up:

H. 4337 (Word version) -- Reps. Wilkins, Quinn, Cato, Haskins, Loftis, Tripp, Vaughn and Riser: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM NOT LESS THAN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE A BOND OR GUARANTEE TO ACCOMPANY THE PETITION TO BE USED TO REIMBURSE THE COUNTY UNDER CERTAIN CONDITIONS, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE


Printed Page 940 . . . . . Thursday, February 10, 2000

ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED NOT LESS THAN NINETY DAYS AND NOT MORE THAN ONE HUNDRED TWENTY DAYS FROM THE DATE THE PETITION IS CERTIFIED, OR AT THE NEXT GENERAL ELECTION WHICHEVER IS SOONER.

POINT OF ORDER

Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 60--POINT OF ORDER

The following Bill was taken up:

S. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.

POINT OF ORDER

Rep. TROTTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 120--POINT OF ORDER

The following Bill was taken up:

S. 120 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT


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TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND ATTORNEY'S FEES.

POINT OF ORDER

Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4582--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4582 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO TERRITORY AND CERTIFICATES OF SEWERAGE UTILITIES AND WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT


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NUMBER 2432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

SILENT PRAYER

Rep. KNOTTS, with unanimous consent, asked that the House stand in silent prayer in memory of Albert Sturkie, father of former Representative C. Lenoir Sturkie of Lexington.

S. 1071--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

S. 1071 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 176 FROM S.C. 202 TO S.C. 213 IN NEWBERRY COUNTY AS THE "WILLIAM BLEASE LATTIMORE, SR. MEMORIAL HIGHWAY".

Rep. W. MCLEOD moved to adjourn debate on the Resolution until Thursday, February 17, which was agreed to.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. TROTTER.

H. 4336--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:

H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn,


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Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, Kirsh, McGee and Meacham-Richardson: A BILL TO AMEND SECTION 59-40-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS AND THE ADMISSION OF STUDENTS TO CHARTER SCHOOLS, SO AS TO PROVIDE THAT STATE FORMULA FUNDING FOR A CHARTER SCHOOL SHALL BE COMPUTED WITHOUT REGARD TO THE RACIAL COMPOSITION OF THE CHILDREN ELIGIBLE TO ATTEND THE SCHOOL AND TO DELETE A REQUIREMENT THAT CHARTER SCHOOL ENROLLMENT MAY NOT DIFFER FROM THE RACIAL COMPOSITION OF THE SCHOOL DISTRICT BY MORE THAN TEN PERCENT.

The Education And Public Works Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20948SD00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 40, Title 59 of the 1976 Code is amended to read:

"CHAPTER 40
Charter Schools

Section 59-40-10.   This chapter is known and may be cited as the 'South Carolina Charter Schools Act of 1996'.

Section 59-40-20.   This chapter is enacted to:

(1)   improve student learning;

(2)   increase learning opportunities for students;

(3)   encourage the use of a variety of productive teaching methods;

(4)   establish new forms of accountability for schools;

(5)   create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and

(6)   assist South Carolina in reaching academic excellence.

Section 59-40-30.   In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities


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is actively pursued, and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education.

Section 59-40-40.   As used in this chapter:

(1) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school which operates within a public school district, but is accountable to the local school board of trustees of that district, which grants its charter.

(2)   A charter school:

(a)   is considered a public school and part of the school district in which it is located for the purposes of state law and the state constitution;

(b)   is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;

(c)   must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected in the manner as provided in Section 59-40-50(B)(8)(9);

(d)   shall not charge tuition or other charges of any kind except as may be allowed by the sponsor.

(3)   'Applicant' means the person who desires to form a charter school and files the necessary application therefor with the local school board of trustees. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.

(4) 'Sponsor' means the local school board of trustees established as provided by law, from which the charter school applicant requested its charter, and which granted approval for the charter school's existence.

(5)   'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualification outlined in Sections 59-27-10 and 59-25-115.

(6)   'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school.


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(7)   'Charter committee' means the governing body of a charter school and also shall be formed by the applicant to govern through the application process and until the election of a board of directors is held. After the election, the board of directors of the corporation which must be organized as the governing body and the charter committee is dissolved.

Section 59-40-50.   (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.

(B)   A charter school shall must:

(1)   adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district;

(2)   meet, but may exceed, the same minimum student attendance requirements as are applied to public schools operating in the same district;

(3)   adhere to the same financial audits, audit procedures, and audit requirements as are applied to public schools operating in the same school district;

(4)   be considered a school district for purposes of tort liability under South Carolina law, except that the tort immunity shall does not include acts of intentional or wilful racial discrimination by the governing body or employees of the charter school. Employees of charter schools shall must be relieved of personal liability for any tort or contract related to their school to the same extent that employees of traditional public schools in their school district are relieved;

(5)   in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall hire in its discretion hire noncertified teachers in a ratio of up to ten percent of its entire teacher staff. However, in either a new or converted charter school, teachers teaching in the core academic areas of English/language arts, mathematics, science, or social studies must be certified in those areas. Part-time noncertified teachers shall be are considered pro rata in calculating this percentage based on the hours which they are expected to teach;

(6)   hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified in the field of school administration;


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(6)(7)   admit all children eligible to attend public school in a school district who are eligible to apply for admission to a charter school operating in that school district, subject to space limitations. However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent. If the number of applications exceeds the capacity of a program, class, grade level, or building, students shall must be accepted by lot, and there is no appeal to the sponsor;

(7)(8)   not limit or deny admission or show preference in admission decisions to any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, and children of a charter school employee, and children of the charter committee, provided their enrollment does not constitute more than twenty-five percent of the enrollment of the charter school;

(8)(9)   elect its governing body board of directors annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school shall be are eligible to participate in the election. Parents or guardians of a student shall have one vote for each student enrolled in the charter school. At all times, the governing body of the charter school shall must include one or more teachers;

(9)(10)   be subject to the Freedom of Information Act, including the charter school and its governing body.

(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the school board of trustees. The decision shall be is binding on the student and the charter school.

(2)   If a charter school suspends or expels a student, the school district shall have has the authority but not the obligation to refuse admission to the student.

(3)   The sponsor shall have has no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school.

Section 59-40-60.   (A)   An approved charter application constitutes an agreement, and the terms shall must be the terms of a contract between the charter school and the sponsor.

(B)   The contract between the charter school and the sponsor shall reflect all agreements regarding the release of the charter school from local school district policies.

(C)   A material revision of the terms of the contract between the charter school and the approving board may be made only with the approval of both parties.


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(D)   Except as provided in subsection (F), an applicant who wishes to form a charter school shall:

(1) organize the charter school as a nonprofit corporation under pursuant to the laws of this State;

(2) elect a charter committee for the charter school which includes one or more teachers;

(3) submit a written charter school application to the local school board of trustees for the school district in which the charter school will is to be located.

(E) A charter committee shall be is responsible for and have has the power to:

(1)   submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law;

(2)   employ and contract with teachers and nonteaching employees, contract for other services, and develop pay scales, performance criteria, and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers as provided by law before they may teach in the charter school; and

(3)   decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.

(F) The charter school application shall be a proposed contract and shall must include:

(1)   the mission statement of the charter school, which must be consistent with the principles of the General Assembly's purposes as set forth in pursuant to Section 59-40-20;

(2)   the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter school's admission policies and procedures;

(3)   evidence that an adequate number of parents, teachers, pupils, or any combination thereof of them support the formation of a charter school;

(4)   a description of the charter school's educational program, pupil achievement standards, and curriculum, which must meet or exceed any content standards adopted by the school district in which the charter school is located and must be designed to enable each pupil to achieve these standards;

(5)   a description of the charter school's plan for evaluating pupil achievement and progress toward accomplishment of the school's


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achievement standards in addition to state assessments, the timeline for meeting these standards, and the procedures for taking corrective action in the event if that pupil achievement falls below the standards;

(6)   evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted;

(7)   a description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school;

(8)   a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district provide assurance that the school does not conflict with any school district desegregation plan or order in effect;

(9)   a description of how the charter school plans to meet the transportation needs of its pupils;

(10)   a description of the building, facilities, and equipment and how they shall be are obtained;

(11)   an explanation of the relationship that shall exist exists between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees;

(12)   a description of a reasonable grievance and termination procedure as required by this chapter, including notice and a hearing before the governing body of the charter school. The application shall must state whether or not the provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at the charter school;

(13)   a description of student rights and responsibilities, including behavior and discipline standards, and a reasonable hearing procedure, including notice and a hearing before the board of directors of the charter school prior to before expulsion;

(14)   an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school will must indemnify and hold harmless the school district, its servants, agents, and employees, from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to persons or property or otherwise which arises out of the act, failure to


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act, or negligence of the charter school, its agents and employees, in connection with or arising out of the activity of the charter school; and

(15)   a description of the types and amounts of insurance coverage to be obtained by the charter school.

Section 59-40-70.   (A) The local school board may establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. If the local school district or board finds determines the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant.

(B)   After giving reasonable public notice, the local school board shall hold community meetings in the affected areas or the entire school district to obtain information to assist it in their decision to grant a charter school application. The local school board shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within ninety days after receiving the application. If there is no ruling within ninety days, the application is considered approved.

(C)   A local school board of trustees shall only deny an application only if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects other students in the district. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shall must be sent to the charter committee and filed with the State Board of Education.

(D)   If the local school board of trustees denies a charter school application, the charter applicant may amend its application to conform with the reasons for denial and reapply to the local board, which has thirty days to approve or deny the application, or may appeal the denial to the State Board of Education pursuant to Section 59-40-90.

(E)   If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which shall constitute constitutes a contract with the charter committee of the charter school. A copy of the charter shall must be filed with the State Board of Education.

Section 59-40-80.   A local school board may shall conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates verifies


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that such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.
Section 59-40-90.   (A)   The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.

(B)   A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees with a notice of appeal within ten days of the local board's decision.

(C)   If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process shall must be:

(1)   within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm, reverse, or remand the application for action by the local board in accordance with an order of the state board. If the state board remands the application, it shall do so with written instructions for reconsideration. Both the applicant and the local school board shall have the opportunity to communicate with the State Board of Education regarding the written instructions. These instructions shall must include specific recommendations concerning the matters requiring reconsideration;

(2)   within thirty days following the remand of a decision to the local board of trustees and with reasonable public notice, the local school board of trustees, at a public hearing, shall reconsider its decision and make a final decision. No further administrative appeal may be taken from this decision. However, any final decision of the local school board of trustees after remand from the state board or a final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.


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Section 59-40-100.   (A)   An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. All parents or legal guardians of students enrolled in the school must be given the opportunity to vote on the conversion. The application shall must be submitted by the principal of that school or his designee who shall must be deemed considered the applicant. The application shall must include all information required of other applications under pursuant to this chapter. The local school board of trustees shall approve or disapprove this application in the same manner it approves or disapproves other applications.

(B)   A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings.

(C)   All students enrolled in the school at the time of conversion must be given priority enrollment.

(D)   Teachers and other employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district with the same compensation and benefits including any future increases therein. The converted charter school quarterly shall reimburse the local school district for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees. The provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at a converted school.

Section 59-40-110.   (A)   A charter may be approved or renewed for a period not to exceed three of five school years.

(B)   A charter renewal application shall must be submitted to the school's sponsor, and it shall must contain:

(1)   a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and

(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that will allow allows comparison of these costs to other schools or other


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comparable organizations, in a format required by the State Board of Education.

(C) A charter may must be revoked or not renewed by the sponsor if it determines that the charter school:

(1) committed a material violation of the conditions, standards, or procedures set forth provided for in the charter application;

(2)   failed to meet or make reasonable progress toward pupil achievement standards identified in the charter application;

(3)   failed to meet generally accepted standards of fiscal management; or

(4)   violated any provision of law from which the charter school was not specifically exempted.

(D)   At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action in writing. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure set forth herein provided for in this section.

(E)   The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days shall must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.

(F)   A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.

Section 59-40-120.   Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts shall must be returned to that entity. All other assets become property of the sponsor.

Section 59-40-130.   (A)   If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for


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leave or extension of leave be made by the date under provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option 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.

(B)   During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.

(C)   The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation shall be are governed by Section 59-40-100(C).

Section 59-40-140.   (A)   A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment shall must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding shall must be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application.

(B)   During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. These amounts must be verified by the State Department of Education before the first disbursement of funds.

(C)   Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall must be directed to charter schools. The


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proportionate share of funds generated under other federal or state categorical aid programs shall must be directed to charter schools serving students eligible for the aid.

(D)   All services centrally or otherwise provided by the school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school district.

(E)   All awards, grants, or gifts collected by a charter school shall must be retained by the charter school.

(F)   The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts or donation shall be a requirement required for admission. However, no gift, donation, or grant may be accepted by the governing board if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the governing body.

(G)   A charter school shall report to its sponsor and the Department of Education any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.

(H)   The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.

(I)   Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which are necessary or convenient to fulfill its purposes.

(J)   Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.

Section 59-40-145.   A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence. If the student transfers to a


Printed Page 955 . . . . . Thursday, February 10, 2000

charter school outside his district of residence, the school district where the child resides shall pay to the charter school where the child is transferring an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting pursuant to Section 59-20-40 of the Education Finance Act. The charter school where the child is transferring shall count the child for all funding sources, both state and federal.

Section 59-40-150.   (A)   The Department of Education shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.

(B)   At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.

(C)   The department shall bear the cost of complying with this section.

Section 59-40-160.   (A)   The State Board of Education shall compile evaluations of charter schools received from local school boards of trustees. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.

(B)   The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.

(C)   In preparing the report required by this section, the State Board of Education shall compare the academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.

Section 59-40-170.   The Department of Education, in conjunction with the Budget and Control Board, shall publish annually make available, upon request, a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this State or by school districts in this State and that may be suitable for the


Printed Page 956 . . . . . Thursday, February 10, 2000

operation of a charter school. The department shall make the list available to applicants for charter schools and to existing charter schools. The list shall must include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given first refusal to purchase or lease the building under no more than the same terms and conditions it would be offered to the public.

Section 59-40-180.   The State Board of Education shall promulgate regulations necessary to implement the provisions of this chapter.

Section 59-40-190.   (A)   The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.

(B)   A sponsor is not liable for any of the debts of the charter school.

(C)   A sponsor, members of the board of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to read:
/ TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS. /
Renumber sections to conform.
Amend totals to conform.

The amendment was then adopted by a division vote of 50 to 26.


Printed Page 957 . . . . . Thursday, February 10, 2000

Rep. WALKER proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20963SD00), which was adopted:
Amend the bill, as and if amended, in Section 59-40-60(D)(2) by striking /elect/ on line 20, page 4336-5, and inserting /elect form/
Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER explained the amendment.
The amendment was then adopted.

Reps. RODGERS and GILHAM proposed the following Amendment No. 9 (Doc Name \NBD\AMEND\11740DW00):
Amend the committee report, as and if amended, page 4336-13, by deleting Section 59-40-145 on lines 13 through 22.
Renumber sections to conform.
Amend totals and title to conform.

Rep. RODGERS explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. RODGERS spoke in favor of the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. BARRETT spoke against the amendment.

Rep. HARRELL moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 56; Nays 57

Those who voted in the affirmative are:

Altman                 Barfield               Barrett
Brown, H.              Campsen                Cato
Chellis                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Frye                   Gamble
Hamilton               Harrell                Harrison
Haskins                Hinson                 Huggins
Keegan                 Kelley                 Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  McKay                  Meacham-Richardson

Printed Page 958 . . . . . Thursday, February 10, 2000

Perry                  Quinn                  Rice
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Stille
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Allen                  Allison                Bales
Battle                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Emory                  Fleming                Gilham
Gourdine               Harris                 Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Kirsh
Lee                    Lloyd                  Lourie
Mack                   Maddox                 McCraw
McGee                  McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Phillips
Pinckney               Rodgers                Rutherford
Scott                  Sheheen                Smith, F.
Smith, J.              Stuart                 Walker
Whipper                Wilder                 Wilkes

Total--57

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

Rep. HARRELL moved to adjourn debate on the amendment.

Rep. COBB-HUNTER moved to table the motion.


Printed Page 959 . . . . . Thursday, February 10, 2000

Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:

Yeas 49; Nays 65

Those who voted in the affirmative are:

Allen                  Allison                Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Canty                  Clyburn
Cobb-Hunter            Emory                  Gilham
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Inabinett              Jennings               Kennedy
Kirsh                  Lee                    Lloyd
Lourie                 Mack                   McCraw
McLeod, M.             McMahand               Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rodgers                Rutherford
Scott                  Sheheen                Smith, F.
Smith, J.              Stuart                 Whipper
Wilkes

Total--49

Those who voted in the negative are:

Altman                 Bales                  Barrett
Brown, H.              Campsen                Cato
Chellis                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gamble                 Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Maddox                 Martin                 McGee
McKay                  McLeod, W.             Meacham-Richardson
Miller                 Perry                  Quinn
Rice                   Riser                  Robinson

Printed Page 960 . . . . . Thursday, February 10, 2000

Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Stille                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--65

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate, which was agreed to.

Rep. COBB-HUNTER proposed the following Amendment No. 11 (Doc Name COUNCIL\PT\AMEND\1849DW00), which was tabled:
Amend the committee report, as and if amended, page 4336-4, line 21, by inserting immediately following /percent./:
/ However, the enrollment of a charter school shall not exceed the range of the racial composition found in the individual schools within the district. /
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. WALKER spoke against the amendment and moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 60; Nays 48

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Dantzler               Davenport              Easterday
Edge                   Fleming                Frye
Gamble                 Hamilton               Harrell
Harrison               Haskins                Hinson

Printed Page 961 . . . . . Thursday, February 10, 2000

Huggins                Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McGee                  Meacham-Richardson     Neilson
Perry                  Quinn                  Rice
Robinson               Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Stille
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--60

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Carnell                Clyburn
Cobb-Hunter            Gilham                 Gourdine
Govan                  Harris                 Harvin
Hines, J.              Hines, M.              Hosey
Howard                 Inabinett              Jennings
Keegan                 Kennedy                Lee
Lloyd                  Lourie                 Mack
Maddox                 McCraw                 McLeod, M.
McLeod, W.             McMahand               Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Pinckney
Rhoad                  Rodgers                Rutherford
Scott                  Smith, F.              Smith, J.
Whipper                Wilder                 Wilkes

Total--48

So, the amendment was tabled.


Printed Page 962 . . . . . Thursday, February 10, 2000

Rep. MOODY-LAWRENCE proposed the following Amendment No. 12 (Doc Name COUNCIL\BBM\AMEND\9225HTC00), which was tabled:
Amend the report, as and if amended, beginning on page 4336-11, by striking subsections (A) through (C) of Section 59-40-140 and inserting:

"(A)   A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment shall be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. All state and local funding shall be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application. Local, state, or federal funds are not transferable to a charter school.

(B)   Reserved. During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school.

(C)   Reserved. Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be directed to charter schools. The proportionate share of funds generated under other federal or state categorical aid programs shall be directed to charter schools serving students eligible for the aid." /
Amend title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

Rep. TOWNSEND moved to table the amendment.

Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 29


Printed Page 963 . . . . . Thursday, February 10, 2000

Those who voted in the affirmative are:
Allison                Altman                 Barrett
Brown, H.              Campsen                Carnell
Cato                   Chellis                Dantzler
Davenport              Easterday              Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Harris
Harrison               Haskins                Hawkins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  McCraw
McGee                  Meacham-Richardson     Neilson
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Simrill                Smith, D.
Smith, R.              Stille                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--66

Those who voted in the negative are:

Breeland               Brown, J.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Emory                  Gourdine               Govan
Harvin                 Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Kennedy                Lee                    Lloyd
Mack                   Maddox                 McLeod, W.
Miller                 Moody-Lawrence         Neal, J.H.
Pinckney               Rutherford             Smith, F.
Smith, J.              Whipper

Total--29

So, the amendment was tabled.


Printed Page 964 . . . . . Thursday, February 10, 2000

Rep. F. SMITH proposed the following Amendment No. 13 (Doc Name COUNCIL\PT\AMEND\1850DW00), which was tabled:
Amend the committee report, as and if amended, page 4336-6, line 35 by striking after /effect/ /;/ and inserting / . /
Amend further, page 4336-6, line 35, after /effect./ by inserting:
/ The assurances must include but are not limited to requirement that the charter school must keep statistics on its racial composition and report this statistical data and comparative analysis to the local school board, South Carolina Department of Education, and the General Assembly;
Amend title to conform.

Rep. F. SMITH explained the amendment.

Rep. TOWNSEND moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 46

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Dantzler               Davenport              Easterday
Edge                   Frye                   Gamble
Gilham                 Hamilton               Harrell
Harris                 Harrison               Haskins
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Littlejohn
Loftis                 Lucas                  Martin
McGee                  Meacham-Richardson     Neilson
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb

Printed Page 965 . . . . . Thursday, February 10, 2000

Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--66

Those who voted in the negative are:

Allen                  Battle                 Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Emory                  Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Inabinett              Jennings               Kennedy
Lee                    Lloyd                  Lourie
Mack                   Maddox                 McCraw
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith, F.
Smith, J.              Stuart                 Whipper
Wilkes

Total--46

So, the amendment was tabled.

Rep. SANDIFER moved cloture on the entire matter.

Rep. SANDIFER demanded the yeas and nays which were taken, resulting as follows:

Yeas 55; Nays 57

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Dantzler
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Harrison
Hawkins                Hinson                 Huggins

Printed Page 966 . . . . . Thursday, February 10, 2000

Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Maddox                 Martin
McGee                  Meacham-Richardson     Perry
Phillips               Quinn                  Rice
Riser                  Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Stuart
Taylor                 Townsend               Vaughn
Walker                 Webb                   Whatley
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--55

Those who voted in the negative are:

Allen                  Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Canty                  Carnell
Clyburn                Cobb-Hunter            Cooper
Davenport              Emory                  Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Keegan                 Kennedy
Kirsh                  Lee                    Lloyd
Lourie                 Lucas                  Mack
McCraw                 McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Pinckney
Rhoad                  Robinson               Rutherford
Scott                  Sheheen                Smith, F.
Smith, J.              Tripp                  Trotter
Whipper                Wilder                 Wilkes

Total--57

So, cloture was not ordered.


Printed Page 967 . . . . . Thursday, February 10, 2000

Rep. COBB-HUNTER proposed the following Amendment No. 14 (Doc Name COUNCIL\NBD\AMEND\11742AC00), which was tabled:
Amend the committee report, as and if amended, Section 50-40-60(F)(8) page 4336-6, line 35 immediately before the /;/ by inserting:
/including, but not limited to:

(1)   a copy of the desegregation order and how their charter school will comply with the order;

(2)   how they inform, advertise, and recruit from within the minority community.
Renumber sections to conform.
Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. COBB-HUNTER continued speaking.

SPEAKER IN CHAIR

Rep. COBB-HUNTER spoke in favor of the amendment.

Rep. WALKER moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 67; Nays 39

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Brown, H.              Campsen                Carnell
Cato                   Chellis                Cooper
Dantzler               Davenport              Easterday
Edge                   Frye                   Gamble
Gilham                 Hamilton               Harrell
Harris                 Harrison               Hawkins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law

Printed Page 968 . . . . . Thursday, February 10, 2000

Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Neilson                Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, R.
Stille                 Stuart                 Townsend
Tripp                  Trotter                Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--67

Those who voted in the negative are:

Allen                  Altman                 Battle
Bowers                 Breeland               Brown, J.
Brown, T.              Canty                  Clyburn
Cobb-Hunter            Emory                  Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Inabinett
Jennings               Kennedy                Lee
Lloyd                  Lourie                 McLeod, M.
McLeod, W.             McMahand               Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Pinckney
Rutherford             Scott                  Smith, F.
Smith, J.              Whipper                Wilkes

Total--39

So, the amendment was tabled.

Rep. ALTMAN moved that the House do now adjourn.

Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:

Yeas 29; Nays 60


Printed Page 969 . . . . . Thursday, February 10, 2000

Those who voted in the affirmative are:
Allen                  Altman                 Breeland
Carnell                Cobb-Hunter            Cooper
Davenport              Emory                  Harris
Harvin                 Hayes                  Hines, J.
Hines, M.              Howard                 Kennedy
Koon                   Lee                    Lloyd
McLeod, W.             McMahand               Neal, J.H.
Neal, J.M.             Parks                  Pinckney
Rutherford             Scott                  Trotter
Wilder                 Wilkes

Total--29

Those who voted in the negative are:

Allison                Barfield               Barrett
Brown, H.              Brown, J.              Campsen
Cato                   Chellis                Dantzler
Easterday              Edge                   Frye
Gamble                 Gilham                 Hamilton
Harrell                Harrison               Hawkins
Hinson                 Huggins                Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Leach
Limehouse              Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  McLeod, M.             Meacham-Richardson
Miller                 Neilson                Ott
Perry                  Phillips               Quinn
Rice                   Riser                  Rodgers
Sandifer               Seithel                Simrill
Smith, R.              Stille                 Stuart
Townsend               Tripp                  Vaughn
Walker                 Webb                   Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--60

So, the House refused to adjourn.


Printed Page 970 . . . . . Thursday, February 10, 2000

Rep. HARRELL proposed the following Amendment No. 15 (Doc Name COUNCIL\NBD\AMEND\11749AC00), which was adopted:
Amend the committee report, as and if amended, Section 59-40-145 page 4336-13 line 15 before the /./ by inserting:
/however, the receiving district shall have authority to grant or deny permission for the student to attend./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HARRELL explained the amendment.
The amendment was then adopted.

Rep. T. BROWN proposed the following Amendment No. 16 (Doc Name COUNCIL\NBD\AMEND\11743AC00), which was tabled:
Amend the committee report, as and if amended, Section 59-40-40 page 4336-3, by deleting lines 14 through 16 and inserting:
/   (6)   'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school a four year degree from an accredited college or university./
Renumber sections to conform.
Amend totals and title to conform.

Rep. T. BROWN explained the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. WALKER spoke against the amendment.
Rep. T. BROWN spoke in favor of the amendment.
Rep. WALKER spoke against the amendment.

Rep. WALKER moved to table the amendment.

Rep. T. BROWN demanded the yeas and nays which were taken, resulting as follows:

Yeas 64; Nays 40

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper

Printed Page 971 . . . . . Thursday, February 10, 2000

Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrison               Hawkins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Perry                  Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Stille                 Taylor                 Townsend
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--64

Those who voted in the negative are:

Allen                  Battle                 Bowers
Brown, G.              Brown, T.              Canty
Clyburn                Cobb-Hunter            Emory
Govan                  Harris                 Harvin
Hayes                  Hines, M.              Hosey
Howard                 Inabinett              Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod, M.
McLeod, W.             McMahand               Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Smith, J.              Stuart
Whipper

Total--40

So, the amendment was tabled.


Printed Page 972 . . . . . Thursday, February 10, 2000

SPEAKER IN CHAIR

Rep. T. BROWN proposed the following Amendment No. 17 (Doc Name COUNCIL\NBD\AMEND\11746AC00), which was adopted:
Amend the committee report, as and if amended, Section 59-40-40 page 4336-3, by deleting lines 14 through 16 and inserting:
/   (6)   'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school completed at least one year of study at an accredited college or university./
Renumber sections to conform.
Amend totals and title to conform.

Rep. T. BROWN explained the amendment.
The amendment was then adopted.

Rep. T. BROWN proposed the following Amendment No. 18 (Doc Name COUNCIL\NBD\AMEND\11747SOM00), which was adopted:
Amend the bill, as and if amended, Section 59-140-140(F) as contained in SECTION 1, on page (4336-12) line 34 by adding after /./ the following:
/All gifts, donations, or grants must be reported to the local school district within thirty days of their receipt by the governing body./
Renumber sections to conform.
Amend totals and title to conform.

Rep. T. BROWN explained the amendment.
The amendment was then adopted.

Rep. T. BROWN proposed the following Amendment No. 20 (Doc Name COUNCIL\NBD\AMEND\11748SOM), which was tabled:
Amend the bill, as and if amended, Section 59-40-130(A) as contained in SECTION 1, on page (4336-11) lines 12 through 22 by deleting (A) and inserting:
/(A)   If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall not grant the leave. If the employee leaves the school district and, later, wants to return to employment with the school district, the former employee must reapply as a new employee.
Renumber sections to conform.
Amend totals and title to conform.


Printed Page 973 . . . . . Thursday, February 10, 2000

Rep. T. BROWN explained the amendment.

Rep. WALKER moved to table the amendment.

Rep. T. BROWN demanded the yeas and nays which were taken, resulting as follows:

Yeas 74; Nays 25

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Brown, H.              Campsen                Carnell
Cato                   Chellis                Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harris                 Harrison
Hawkins                Hayes                  Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lourie                 Martin                 McCraw
McGee                  Meacham-Richardson     Ott
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--74

Those who voted in the negative are:

Allen                  Breeland               Brown, J.
Brown, T.              Harvin                 Hines, J.
Hines, M.              Hosey                  Howard

Printed Page 974 . . . . . Thursday, February 10, 2000

Inabinett              Lee                    Lloyd
Mack                   McLeod, M.             McLeod, W.
McMahand               Moody-Lawrence         Neal, J.H.
Neilson                Parks                  Pinckney
Rutherford             Scott                  Whipper
Wilkes

Total--25

So, the amendment was tabled.

Rep. T. BROWN proposed the following Amendment No. 21 (Doc Name COUNCIL\NBD\AMEND\11750SOM00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-145 as contained in SECTION 1, on page (4336-13) line 16 by inserting after / residence/ the following: /and is enrolled for at least fifty percent of the school year/
Amend the bill further, in Section 59-40-145 as contained in SECTION 1, on page (4336-13) line 22 by inserting after the /./ the following:
/If the student is not enrolled for at least fifty percent of the school year, the money paid to the charter school must be refunded to the local school district./
Renumber sections to conform.
Amend totals and title to conform.

Rep. T. BROWN explained the amendment.

Rep. WALKER moved to table the amendment, which was agreed to.

Rep. COBB-HUNTER proposed the following Amendment No. 22 (Doc Name COUNCIL\PT\AMEND\1849DW00), which was tabled:
Amend the committee report, as and if amended, page 4336-4, line 21, by inserting immediately following /percent./:
/ However, the enrollment of a charter school shall not exceed the range of the racial composition found in the individual schools within the district, provided that the student pool is sufficient. /
Amend Title to conform.

Rep. COBB-HUNTER explained the amendment.


Printed Page 975 . . . . . Thursday, February 10, 2000

Rep. TOWNSEND moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 64; Nays 44

Those who voted in the affirmative are:

Altman                 Bales                  Barfield
Barrett                Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Frye                   Gamble                 Gilham
Hamilton               Harrell                Harrison
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Leach                  Limehouse              Littlejohn
Loftis                 Martin                 McCraw
Meacham-Richardson     Perry                  Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--64

Those who voted in the negative are:

Allen                  Allison                Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Clyburn                Cobb-Hunter
Emory                  Govan                  Harris
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Inabinett              Jennings               Lee
Lloyd                  Lourie                 Lucas

Printed Page 976 . . . . . Thursday, February 10, 2000

Mack                   McGee                  McLeod, M.
McLeod, W.             McMahand               Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Seithel                Smith, F.
Smith, J.              Whipper

Total--44

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 23 (Doc Name COUNCIL\PT\AMEND\1856DW00), which was tabled:
Amend the committee report, as and if amended, page 4336-4, line 21, by inserting immediately following /percent./:
/ However, the enrollment of a charter school shall not exceed the range of the racial composition found in the individual schools within the district, provided that a sufficient number of potential students have applied to reflect the range. /
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. WALKER moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 62; Nays 45

Those who voted in the affirmative are:

Allen                  Allison                Bales
Barfield               Barrett                Brown, H.
Campsen                Carnell                Cato
Chellis                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Hamilton               Harrell
Harrison               Hawkins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts

Printed Page 977 . . . . . Thursday, February 10, 2000

Koon                   Leach                  Littlejohn
Loftis                 Martin                 McCraw
Meacham-Richardson     Perry                  Phillips
Quinn                  Rice                   Riser
Rodgers                Sandifer               Sharpe
Simrill                Smith, D.              Smith, R.
Stille                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--62

Those who voted in the negative are:

Battle                 Bowers                 Breeland
Brown, G.              Brown, J.              Clyburn
Cobb-Hunter            Emory                  Gamble
Govan                  Harris                 Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 McGee
McLeod, M.             McLeod, W.             Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Smith, F.              Smith, J.
Stuart                 Whipper                Wilkes

Total--45

So, the amendment was tabled.

Rep. HAYES moved cloture on the entire matter, which was agreed to.

Rep. LITTLEJOHN moved that the House do now adjourn, which was agreed to.


Printed Page 978 . . . . . Thursday, February 10, 2000

Further proceedings were interrupted by adjournment the pending question being consideration of amendments, cloture having been ordered.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4579 (Word version) -- Reps. Sharpe, Altman, Allison, Barrett, Battle, Cotty, Davenport, Emory, Inabinett, Kirsh, Leach, Littlejohn, Lucas, McCraw, M. McLeod, Miller, Moody-Lawrence, J. H. Neal, Rhoad, D. Smith, Vaughn, Walker, Webb, Wilkes and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR FFA ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 19-26, 2000.

ADJOURNMENT

At 12:45 p.m. the House, in accordance with the motion of Rep. CARNELL, adjourned in memory of Dr. Don L. Peoples of Ware Shoals, to meet at 10:00 a.m. tomorrow.

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