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:
Our Father God, Who seeks to be our Guide and Guardian on our pilgrim way, we thank You for these hallowed moments of prayer when we close from our minds the noise of the world around. May we here and now catch a glimpse of the pattern Your purpose is weaving. Make of our hurrying lives a tapestry of beauty. Cleanse our lives and make our daily duties radiant with the halo of Your goodness. Refresh our lives and go with us now to the duties awaiting us. Give us eyes to see Your way and wills to follow that way. Yours, O Lord, is the goodness and the greatness forever and ever. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. RODGERS moved that when the House adjourns, it adjourn in memory of Elizabeth Parker Goldsboro of Beaufort, which was agreed to.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3037 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3641 (Word version) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: A BILL TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE IMPOSITION OF A DEVELOPMENT IMPACT FEE BY A COUNTY OR MUNICIPALITY BY ORDINANCE; TO PROVIDE FOR AN ADVISORY COMMITTEE FOR RECOMMENDING, AND PROCEDURES FOR ADOPTING, LAND USE ASSUMPTIONS, A CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES; TO PROVIDE FOR COMPUTATION OF THE PROPORTIONATE SHARE OF COSTS OF NEW PUBLIC FACILITIES NEEDED TO SERVE NEW GROWTH AND DEVELOPMENT; AND TO LIMIT THE USES OF THE REVENUE COLLECTED FROM A DEVELOPMENT IMPACT FEE TO APPLICATION TOWARD THE INCREASED COST OF SERVING NEW GROWTH AND DEVELOPMENT.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report on:
H. 3359 (Word version) -- Reps. Dantzler, Bailey, R. Smith, Hinson, Rodgers, Witherspoon, Chellis, McKay, McGee, Law, Simrill, Rhoad, Littlejohn and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A MOTOR HOME ON WHICH THE INTEREST PORTION OF INDEBTEDNESS IS DEDUCTIBLE PURSUANT TO THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND IS CONSIDERED REAL PROPERTY RATHER THAN PERSONAL PROPERTY FOR PROPERTY TAX PURPOSES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4005 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION ESTABLISHING THE HOUSE OF REPRESENTATIVES STATE AND LOCAL TAX AND FEE STUDY COMMITTEE AND PROVIDING FOR ITS MEMBERSHIP, DUTIES AND DURATION AND REQUIRING THE COMMITTEE TO MAKE ITS REPORT AND RECOMMENDATION TO THE HOUSE NO LATER THAN JANUARY 14, 2000.
The Resolution was ordered referred to the Committee on Ways and Means.
The following was introduced:
H. 4006 (Word version) -- Reps. F. Smith, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, 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, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND MR. TRUMAN HUMBERT OF GREENVILLE COUNTY FOR HIS MORE THAN TEN YEARS OF OUTSTANDING SERVICE AS A SUCCESSFUL FORENSICS COACH UPON HIS RETIREMENT AS A TEACHER AT SOUTHSIDE HIGH SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4007 (Word version) -- Reps. Sheheen, G. Brown and Harris: A JOINT RESOLUTION TO REINSTATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 2002.
On motion of Rep. SHEHEEN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 725 (Word version) -- Senators Holland, Courtney, Glover and Ryberg: A BILL TO AMEND SECTIONS 20-7-420, AS AMENDED, 20-7-1315, AS AMENDED, AND 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF CHILD SUPPORT, SO AS TO PROVIDE FOR A CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDING; TO AMEND SECTIONS 20-1-220, AS AMENDED, 20-3-235, 20-7-853, 20-7-854, 20-7-949, AS AMENDED, 20-7-957, AS AMENDED, 20-7-1295, 44-7-77, 44-63-75, AS AMENDED, 43-5-595, AND 43-5-596, RELATING TO THE USE OF SOCIAL SECURITY NUMBERS IN CHILD SUPPORT ENFORCEMENT, AND TO PROVIDE THAT LIENS CREATED UNDER SECTION 20-7-1295 MAY BE MAINTAINED BY THE REGISTER OF DEEDS UNDER LOCAL PROCEDURES SO AS TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 20-7-941, RELATING TO THE MEANINGS OF RELEVANT CHILD SUPPORT TERMS, SO AS TO REDEFINE "COMPLIANCE WITH AN ORDER OF SUPPORT" AND "LICENSING ENTITY" AND TO PROVIDE A DEFINITION FOR "DIRECTOR"; TO AMEND SECTIONS 20-7-942 AND 20-7-945, AS AMENDED, RELATING TO THE LICENSE REVOCATION PROGRAM, SO AS TO DECREASE THE TIME FOR REVOCATION FROM NINETY DAYS TO FORTY-FIVE DAYS; TO AMEND SECTION 20-7-1130, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT AND INCOME WITHHOLDING ORDERS, SO AS TO CREATE DISCRETION IN THE USE OF ADMINISTRATIVE PROCEDURES; TO AMEND SECTION 43-5-585, AS AMENDED, RELATING TO REPORTING ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE FOR REPORTING WHEN ARREARAGE IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; AND TO AMEND SECTION 43-5-598, AS AMENDED, RELATING TO NEW HIRE REPORTING, SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR EMPLOYERS.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown G. Brown H. Brown T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Haskins Hayes Hines J. Hinson Inabinett Jennings Keegan Kelley Kirsh Klauber Knotts Koon Lanford Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Maddox Mason McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Neilson Ott Parks Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sheheen Simrill Smith J. Smith R. Stuart Taylor Tripp Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, April 28.
Donald Allen Harry Askins Ralph Canty Bill Cotty Doug Smith Ralph Davenport Fletcher Smith Jerry Govan Alex Harvin John Hawkins Leon Howard Joe Brown James Law H.B. "Chip" Limehouse Mack Hines David Mack Becky Martin Bessie Moody-Lawrence Joseph Neal Clementa Pinckney Todd Rutherford Lynn Seithel Charles Sharpe Harry Stille Ronald Townsend Teddy Trotter Jackson Whipper Kenneth Kennedy
STATEMENT OF ATTENDANCE
Rep. SEITHEL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Thursday, April 15.
Rep. MCMAHAND signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 13.
Rep. R. SMITH and the Aiken Delegation presented to the House the Silver Bluff High School Silver Spirit Marching Band, 1999 Class AA Champions, their director, staff and other school officials.
Rep. R. SMITH and the Aiken Delegation presented to the House the Silver Bluff High School Navy Junior ROTC Drill Team, South Carolina Navy ROTC Champions, ranked eighth in the nation, their instructors and other school officials.
Rep. LUCAS and the Chesterfield Delegation presented to the House Ms. Nancy Elizabeth "Libby" Baker of Chesterfield, the 1999 South Carolina Teacher of the Year.
Announcement was made that Dr. John B. DuBose of Camden is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3641 (Word version)
Date: ADD:
04/28/99 EDGE
Bill Number: H. 3745 (Word version)
Date: ADD:
04/28/99 KNOTTS
Bill Number: H. 3673 (Word version)
Date: ADD:
04/28/99 PINCKNEY
Bill Number: H. 3267 (Word version)
Date: ADD:
04/28/99 J. BROWN
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4001 (Word version) -- Reps. Jennings and Harris: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO REQUIRE CANDIDATES FOR THE SCHOOL BOARD TO FILE THE WRITTEN NOTICE OF CANDIDACY BY AUGUST FIRST OF EACH GENERAL ELECTION YEAR RATHER THAN THIRTY DAYS BEFORE THE ELECTION.
S. 358 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF ANTLERLESS DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE INDIVIDUAL TAGS FOR TAKING ANTLERLESS DEER STATEWIDE EXCEPT ON PROPERTIES RECEIVING ANTLERLESS DEER QUOTA PERMITS.
Rep. WITHERSPOON explained the Bill.
H. 3118 (Word version) -- Reps. Haskins, Edge, Robinson, Harrison, Simrill, Sandifer and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-85 SO AS TO PROVIDE FOR THE APPLICABLE CONTRIBUTION RATES WITH RESPECT TO THE COMPUTATION OF THE STATEWIDE RESERVE RATIO FOR EMPLOYER CONTRIBUTIONS TO THE STATE UNEMPLOYMENT COMPENSATION FUND FOR THE PERIOD JANUARY 1, 1999, THROUGH DECEMBER 31, 1999, AND FOR EACH SUCH ANNUAL PERIOD THEREAFTER.
H. 3904 (Word version) -- Rep. Lanford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 SO AS TO PROVIDE FOR THE INVESTMENT OF ENDOWMENT FUNDS OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, PROVIDE FOR DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS, AND RESPONSIBILITIES, PROVIDE FOR THE USE OF AN ANNUAL PLAN SUBMITTED BY THE STATE RETIREMENT SYSTEM INVESTMENT PANEL IN DETERMINING EACH INSTITUTION'S INVESTMENT PLAN, TO DESIGNATE THE BOARD OF TRUSTEES OF EACH INSTITUTION OF HIGHER LEARNING AS TRUSTEE FOR THE FUNDS HELD BY THE STATE TREASURER AND THE STATE TREASURER AS THE AGENT OF EACH TRUSTEE FOR THE PURPOSE OF CARRYING OUT THE APPROVED INVESTMENT PLAN OF EACH RESPECTIVE INSTITUTION OF HIGHER LEARNING, PROVIDE FOR THE TRUSTEE'S POWERS AND DUTIES, PROVIDE FOR CERTAIN INVESTMENT CONSIDERATIONS WHICH MUST BE FOLLOWED BY THE TRUSTEE, AND PROVIDE FOR THE LIABILITY OF A TRUSTEE WHO BREACHES HIS DUTY IMPOSED BY CHAPTER 153 OF TITLE 59; BY ADDING SECTIONS 11-5-245 AND 11-5-260 SO AS TO PROVIDE FOR REPORTS FROM THE STATE TREASURER TO THE RESPECTIVE BOARDS OF TRUSTEES ON A PERIODIC BASIS, AND TO AUTHORIZE THE STATE TREASURER TO INVEST THESE ENDOWMENT FUNDS HELD BY HIM IN EQUITY SECURITIES FOR EACH RESPECTIVE INSTITUTION AS DIRECTED BY ITS BOARD OF TRUSTEES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE ENDOWMENT INVESTMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND TO ALLOW THE RESPECTIVE BOARDS OF TRUSTEES MEETING AS TRUSTEES OF THE RESPECTIVE ENDOWMENT FUNDS TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3946 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3717 (Word version) -- Rep. Battle: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS DEALERS, TRANSPORTERS, AND EQUIPMENT INSTALLERS, TO RE-ESTABLISH THE LIQUID PETROLEUM GAS BOARD AND INCREASE ITS MEMBERSHIP FROM FIVE TO SEVEN; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD; TO CONFORM THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 43 OF TITLE 39 RELATING TO THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS ACTIVITIES.
H. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill, Hinson, Barrett, Keegan, Law and Rice: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT THE PRIME RATE; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS THE PRIME RATE PLUS ONE PERCENT; AND TO PROVIDE HOW THE PRIME RATE IS TO BE CALCULATED.
H. 3361 (Word version) -- Reps. Campsen, Loftis, Leach, Inabinett, R. Smith and Witherspoon: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATE OF WILLS AND ADMINISTRATION AND DISTRIBUTION IN KIND, SO AS TO REQUIRE THE PROBATE COURT TO CERTIFY THAT AN INSTRUMENT OR DEED OF DISTRIBUTION, BEFORE IT MAY BE RECORDED, CONFORMS TO THE REQUIREMENTS OF THE WILL OR OF THE STATUTE OF DESCENT AND DISTRIBUTION.
H. 3632 (Word version) -- Reps. Loftis, Harvin, Kelley, Barfield, Haskins, Keegan, Leach, Sandifer and Witherspoon: A BILL TO AMEND SECTION 16-23-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MACHINE GUNS, SAWED-OFF SHOTGUNS, AND RIFLES, SO AS TO EXCLUDE SEMI-AUTOMATIC PISTOLS, RIFLES, AND SHOTGUNS FROM THE DEFINITION OF "MILITARY FIREARM".
H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
H. 3411 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION; TO PROVIDE THAT A SHERIFF OR CHIEF OF POLICE MAY CONTRACT WITH A PRIVATE ATTORNEY TO PROVIDE HIM WITH REPRESENTATION IN A VEHICLE FORFEITURE PROCEEDING; AND TO PROVIDE THAT ATTORNEY COSTS MUST BE PAID FROM THE PROCEEDS FROM THE VEHICLE'S SALE DURING THE AUCTION.
H. 3759 (Word version) -- Reps. Cobb-Hunter, Wilkins, Seithel, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.
H. 3956 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, RELATING TO THE STATE DNA DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2316, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3960 (Word version) -- Reps. Barfield, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO PROVIDE THAT LIVE NONGAME FISH AND BREAM MAY BE USED WITH SINGLE-BARBED SET HOOKS, INCLUDING ON TROTLINES HAVING NOT MORE THAN TWENTY HOOKS, THAT HAVE A SHANK-TO-POINT GAP OF ONE AND THREE-SIXTEENTHS INCHES OR GREATER.
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
H. 3783 (Word version) -- Rep. Ott: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME ZONES, SO AS TO MOVE CALHOUN COUNTY FROM GAME ZONE THREE TO SIX.
H. 3909 (Word version) -- Reps. Lucas and Neilson: A BILL TO REPEAL SECTION 50-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TAKING OF CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON.
H. 3267 (Word version) -- Reps. D. Smith, Davenport and J. Brown: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO EXEMPT PRESCRIPTION EYEGLASSES AND CATEGORIES OF ITEMS AND EQUIPMENT USED IN AIDING THE MOBILITY OF THE PHYSICALLY DISABLED.
H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harris, Harrison, Harrell, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham, Miller, Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.
H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.
H. 3834 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 2-7-76, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 1998; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3410, RELATING TO INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR DETERMINING THE PER CAPITA INCOME FOR PURPOSES OF CALCULATING ADDITIONAL TAX CREDIT FOR CREATION OF NEW HEADQUARTERS JOBS BY USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE AT THE END OF THE TAXABLE YEAR THE JOBS ARE FILLED; TO AMEND SECTION 12-6-3465, RELATING TO RECYCLING FACILITY TAX CREDITS, SO AS TO UPDATE CODE CROSS REFERENCES; TO AMEND SECTION 12-16-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE ESTATE TAX, SO AS TO DEFINE THE INTERNAL REVENUE CODE AS AMENDED THROUGH 1998; TO AMEND SECTION 12-20-20, RELATING TO FILING OF A CORPORATE ANNUAL REPORT, SO AS TO UPDATE A CROSS REFERENCE; TO AMEND SECTION 12-36-510, AS AMENDED, RELATING TO RETAIL LICENSE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT A FESTIVAL BE LISTED AS A SPECIAL EVENT WITH THE DEPARTMENT OF PARKS, RECREATION, AND TOURISM; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS, INSTEAD OF THE DEPARTMENT OF REVENUE, ESTIMATE THE TOTAL SCHOOL TAX REVENUE LOSS FROM THE EXEMPTION; AND TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES, SO AS TO INCREASE FROM THIRTY TO NINETY THE NUMBER OF DAYS A CORPORATION HAS TO FILE A CLAIM FOR REFUND AFTER AN ADJUSTMENT TO ITS TAXABLE INCOME IS MADE BY THE INTERNAL REVENUE SERVICE.
H. 3836 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 4-10-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIDENTIFIED LOCAL OPTION SALES TAX REVENUES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 4-10-330, RELATING TO LOCAL CAPITAL PROJECT SALES TAX, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM DECEMBER THIRTY-FIRST TO NOVEMBER THIRTIETH; TO AMEND SECTION 4-10-350, RELATING TO THE ADMINISTRATION AND COLLECTION OF LOCAL SALES TAX, SO AS TO DELETE REFERENCES TO MUNICIPALITIES; TO AMEND SECTION 4-10-360, RELATING TO LOCAL SALES TAX REVENUES AND MISALLOCATIONS, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION RESULTING FROM A LOCAL CODE ERROR; TO AMEND ARTICLE 3, CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES TAX, BY ADDING SECTION 4-10-380 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION CAPITAL PROJECT SALES TAX; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO FINANCING OF LOCAL TRANSPORTATION FACILITIES, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM SIXTY DAYS OF THE REFERENDUM TO NOVEMBER THIRTIETH AND TO PROVIDE FOR IMPOSITION OF THE TAX ON MAY FIRST FOLLOWING, INSTEAD OF ONE HUNDRED EIGHTY DAYS AFTER, THE REFERENDUM, AND TO PROVIDE FOR PROSPECTIVE CORRECTION OF MISALLOCATED REVENUES RESULTING FROM LOCAL CODE ERRORS; TO AMEND CHAPTER 37, TITLE 4, RELATING TO LOCAL SALES AND USE TAXES FOR FINANCING TRANSPORTATION FACILITIES, BY ADDING SECTION 4-37-50 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED REVENUE; TO AMEND ACT 588 OF 1994, AS AMENDED, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY RELIEF ACT, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION OF REVENUES RESULTING FROM A LOCAL CODE ERROR AND FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION SCHOOL DISTRICT TAX REVENUE; TO AMEND SECTION 12-4-580, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE TO COLLECT OUTSTANDING LIABILITIES OWED A GOVERNMENTAL ENTITY, SO AS TO ALLOW THE DEPARTMENT TO CHARGE, RETAIN, EXPEND, AND CARRY OVER FEES FOR COLLECTION; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS BY DEPARTMENT OF REVENUE EMPLOYEES, SO AS TO ALLOW DISCLOSURE OF THE FILING OF A LIEN OR ISSUANCE OF A NOTICE OF LEVY FOR UNCOLLECTED TAXES.
H. 3951 (Word version) -- Reps. Harris, Jennings, Carnell, H. Brown and Law: A BILL TO AMEND SECTION 61-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS IN AN ESTABLISHMENT LICENSED TO SELL BEER OR WINE, SO AS TO EXEMPT FROM THE PROHIBITION ON GAMBLING OR GAMES OF CHANCE PROMOTIONAL GAMES CONDUCTED IN CONNECTION WITH THE SALE OR PROMOTION OF A CONSUMER PRODUCT OR SERVICE IN WHICH NO ENTRY FEE OR PURCHASE IS REQUIRED OF A PARTICIPANT AND THIS NO FEE OR PURCHASE REQUIREMENT IS CLEARLY DISCLOSED.
H. 3357 (Word version) -- Reps. Fleming, Wilder, Klauber and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "CONSTRUCTION NOTE OR NOTES", "FINANCING AGREEMENT", "FINANCING POOL", "GOVERNMENT", AND "INTERIM FINANCING"; TO AMEND SECTION 6-25-30, RELATING TO THE CREATION OF A JOINT SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODIES OF MUNICIPALITIES TO CREATE A JOINT SYSTEM FOR THE PURPOSE OF CREATING A FINANCING POOL, AND TO LIMIT THE PURPOSES FOR WHICH A JOINT SYSTEM MAY BE CREATED; TO AMEND SECTION 6-25-40, RELATING TO THE NOTICE OF THE INSTRUMENT CREATING A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-50, RELATING TO THE APPOINTMENT OF A MUNICIPAL REPRESENTATIVE TO THE JOINT SYSTEM, SO AS TO ADD TO THE REQUIREMENTS OF THE APPLICATION FILED WITH THE SECRETARY OF STATE THE PURPOSE FOR THE CREATION OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-60, AS AMENDED, RELATING TO THE MANAGEMENT AND CONTROL OF THE JOINT SYSTEM, SO AS TO CLARIFY THAT EACH VOTING MEMBER OF A JOINT SYSTEM SHALL APPOINT A REPRESENTATIVE WHO MUST BE A COMMISSIONER OF THE JOINT SYSTEM AND TO AUTHORIZE THE COMMISSIONERS TO MEET BIENNIALLY, IF ITS BYLAWS PROVIDE FOR IT; TO AMEND SECTION 6-25-70, RELATING TO CHANGE IN MEMBERSHIP OF A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL FROM FILING A CHANGE IN MEMBERSHIP WITH THE SECRETARY OF STATE; TO AMEND SECTION 6-25-80, RELATING TO THE DISSOLUTION OF A JOINT SYSTEM, SO AS TO PROVIDE THAT INCOME OWNED BY THE JOINT SYSTEM AT THE TIME OF DISSOLUTION MUST BE DISBURSED TO THE VOTING MEMBERS OF THE MEMBERS OF THE JOINT SYSTEM ACCORDING TO ITS BYLAWS; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO AUTHORIZE THE SYSTEMS TO LOAN THE PROCEEDS OF ANY BORROWING TO ANY MEMBER OF THE JOINT SYSTEM WITH PAYMENT FOR BONDS OR NOTES AUTHORIZED TO BE PAID FROM LOAN REPAYMENT OF MEMBERS, AND TO PROVIDE THAT CERTAIN POWERS ARE NOT GRANTED WHEN A JOINT SYSTEM IS ORGANIZED SOLELY FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-110, AS AMENDED, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO AUTHORIZE A JOINT SYSTEM FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS BY ITS MEMBERS TO THE GOVERNMENT; TO AMEND SECTION 6-25-120, AS AMENDED, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO INCLUDE CONSTRUCTION NOTES WITHIN THE LIST OF OBLIGATIONS WHICH MAY NOT BE PLEDGED AS FULL FAITH, CREDIT, OR TAXING POWER OF ANY MEMBER OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-126, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO TEMPORARILY INVEST FUNDS PENDING DISBURSEMENTS IN SECURITIES, SO AS TO INCLUDE CONSTRUCTION NOTES IN ADDITION TO BONDS WHICH MAY BE AUTHORIZED IN THE RESOLUTION; TO AMEND SECTION 6-25-127, RELATING TO THE ENFORCEMENT OF RIGHTS OF BONDHOLDERS, SO AS TO INCLUDE HOLDERS OF CONSTRUCTION NOTES AS HAVING THOSE RIGHTS; TO AMEND SECTION 6-25-145, RELATING TO THE PROHIBITION OF CERTAIN FIDUCIARIES TO INVEST MONIES IN THEIR HANDS IN BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 25 OF TITLE 6, SO AS TO ADD A REFERENCE TO CONSTRUCTION NOTES; TO AMEND SECTION 6-25-155, RELATING TO BONDS AS INVESTMENT SECURITIES FOR PURPOSES OF CHAPTER 8 OF TITLE 36, SO AS TO ADD CONSTRUCTION NOTES TO THOSE EVIDENCES OF INDEBTEDNESS CONSIDERED INVESTMENT SECURITIES; AND TO AMEND SECTION 6-25-160, RELATING TO THE TAX-EXEMPT STATUS OF EVIDENCES OF INDEBTEDNESS ISSUED BY A JOINT SYSTEM, SO AS TO INCLUDE CONSTRUCTION NOTES, AND ADD A REFERENCE TO SECTION 12-2-50.
H. 3748 (Word version) -- Reps. Walker, Allison, Davenport, Lee, Littlejohn and D. Smith: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO CONFORM THE TREATMENT OF A LEASE PURCHASE AGREEMENT FOR ENERGY EFFICIENCY PRODUCTS AND A GUARANTEED ENERGY SAVINGS CONTRACT IN THE CALCULATION OF THE DEBT LIMIT TO THE PROVISIONS OF THE SECTION SPECIFICALLY EXCLUDING THEM FROM THOSE TYPES OF AGREEMENTS SUBJECT TO THE DEBT LIMIT, AND TO MAKE TECHNICAL REFERENCE CHANGES.
H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.
H. 3751 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138, SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF LUCY POINT CREEK IN BEAUFORT COUNTY.
The following Bills were read the third time, passed and having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act and that they be enrolled for Ratification:
S. 328 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 27-31-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE PROVISION THAT THE HORIZONTAL PROPERTY REGIME MAY BE WAIVED AND MERGED, SO AS TO PROVIDE THAT IN THE CASE OF NONPROFIT LONG-TERM CARE RETIREMENT OR LIFE CARE FACILITIES WHERE THERE ARE CO-OWNERS, THEN A TWO-THIRDS VOTE, RATHER THAN A UNANIMOUS VOTE, OF THE CO-OWNERS SUFFICES TO WAIVE THE REGIME.
S. 706 (Word version) -- Senators Holland and Leventis: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 488 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 101, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-187, SO AS TO PROVIDE THAT A GOVERNING BOARD OF A STATE SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL IS AUTHORIZED TO ESTABLISH WRITTEN POLICIES FOR THE EXPENDITURE OF PUBLIC FUNDS FOR EVENTS WHICH RECOGNIZE ACADEMIC AND RESEARCH EXCELLENCE AND NOTEWORTHY ACCOMPLISHMENTS OF MEMBERS, STUDENTS, AND DISTINGUISHED GUESTS OF ITS INSTITUTION.
The following Bill was taken up:
H. 3779 (Word version) -- Reps. Dantzler and Law: A BILL TO AMEND SECTION 41-18-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA AMUSEMENT RIDERS SAFETY CODE, SO AS TO REVISE THE DEFINITION OF "SERIOUS INJURY" TO INCLUDE DEATH, IMMEDIATE INPATIENT HOSPITALIZATION, FRACTURES, AND DISFIGUREMENTS.
Rep. LAW explained the Bill.
Reps. MCGEE, HAWKINS, J. SMITH, LITTLEJOHN and DELLENEY requested debate on the Bill.
The following Bill was taken up:
H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20600DJC99), which was adopted.
Amend the bill, as and if amended, by striking Section 50-23-295 and inserting:
/ Section 50-23-295. A certificate of title to watercraft or an outboard motor may not be transferred if the department has notice that property taxes payable by the current owner within the past three years are owed on the watercraft or outboard motor. If transfer of title has been denied pursuant to this section, a tax receipt on the watercraft or outboard motor from the person officially charged with the collection of ad valorem taxes in the county of residence must be accepted as proof that the taxes have been paid. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Rep. SHARPE proposed the following Amendment No. 2, which was adopted.
Amend the bill, as and if amended, Section 1, by adding the following:
"The bill of sale or title to watercraft or an outboard motor shall require certification that property taxes have been paid by the current owner as of the date of sale."
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3911 (Word version) -- Reps. Robinson, D. Smith, Kelley, Barrett, Allison, Easterday, Wilkins, H. Brown, Harrell, Woodrum, Simrill, Allen, Altman, Barfield, Beck, Campsen, Cato, Cooper, Dantzler, Davenport, Edge, Fleming, Gamble, Hamilton, Harrison, Haskins, Hinson, Keegan, Knotts, Leach, Limehouse, Littlejohn, Loftis, Lucas, Maddox, Martin, Mason, McGee, Meacham, Rice, Riser, Rodgers, Sandifer, Sharpe, R. Smith, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Witherspoon, Young-Brickell and Gilham: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PHASE IN AN EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, TO PROVIDE THAT GENERAL FUND REVENUES MUST BE CREDITED TO THE EIA FUND IN FISCAL YEARS 1999-00 THROUGH 2003-04 TO ENSURE THAT EIA REVENUES ATTRIBUTABLE TO FOOD SALES ARE NOT LESS THAN SUCH REVENUES IN FISCAL YEAR 1998-99, AND TO PROVIDE FOR THE APPLICATION OF LOCAL SALES AND USE TAXES ON SALES AND CONSUMPTION OF THESE FOOD ITEMS REGARDLESS OF THE STATE EXEMPTION FOR THESE ITEMS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3463MM99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 12-36-140(C) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:
"(C) 'Storage' and 'use' do not include the keeping, retaining, or exercising of any right or power over tangible personal property:
(1) for the exclusive purpose of subsequently transporting it outside the State for first use,; or
(2) for the purpose of first being manufactured, processed, or compounded into other tangible personal property to be transported and used solely outside the State; or
(3) for the purpose of being distributed as cooperative direct mail promotional advertising materials by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material.
B. Section 12-36-2120 of the 1976 Code, is amended by adding an appropriately numbered item to read:
"( ) cooperative direct mail promotional advertising materials delivered by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material."/
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3835 (Word version) -- Rep. Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES LEVIED BY THE DEPARTMENT OF REVENUE, BY ADDING SECTIONS 12-54-43 SO AS TO PROVIDE FOR CIVIL PENALTIES AND 12-54-44 SO AS TO PROVIDE FOR CRIMINAL PENALTIES; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE "REPLACEMENT PROPERTY" AS REPLACING THE OLDEST PROPERTY IN THE PROJECT SUBJECT TO THE FEE; TO AMEND SECTION 4-29-68, AS AMENDED, RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO ADD CERTAIN CROSS REFERENCES; TO AMEND SECTION 6-1-320, RELATING TO LIMITATIONS ON MILLAGE RATE INCREASES, SO AS TO REFERENCE THE CALENDAR YEAR INSTEAD OF THE FISCAL YEAR AND TO PROVIDE FOR COMPUTATION OF THE ROLLBACK MILLAGE; TO AMEND SECTION 11-1-10, RELATING TO OFFICIAL RECEIPTS FOR MONIES COLLECTED, SO AS TO LIMIT RELEASE OF DOCUMENTS BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY THE STATE, SO AS TO ADOPT SECTION 6015; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO DESCRIBE SPECIFICALLY THE DATA USED TO RANK AND DESIGNATE THE STATE'S COUNTIES AS THE AVAILABLE PER CAPITA INCOME DATA AND UNEMPLOYMENT RATE DATA FROM THE LAST THREE YEARS AND THE DATA USED FOR DETERMINATION OF THE PER CAPITA INCOME OF A COUNTY AS THE LATEST AVAILABLE DATA AND TO PROVIDE FOR THE PASS THROUGH OF THE UNUSED CREDIT TO MEMBERS OF CERTAIN ENTITIES CLAIMING THE CREDIT; TO AMEND SECTION 12-6-4910, RELATING TO THOSE TAXPAYERS REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO REFERENCE THE DEDUCTION FOR RETIREMENT INCOME; TO AMEND SECTIONS 12-6-5060, 12-6-5065, 12-6-5070, AND 12-6-5080, ALL RELATING TO DESIGNATIONS ON THE TAX RETURNS FOR VOLUNTARY CONTRIBUTIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE IS NOT SUBJECT TO THE PROVISIONS OF THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT; TO AMEND SECTION 12-21-2550, AS AMENDED, RELATING TO FAILURE TO MAKE A CORRECT TAX RETURN OR TO FILE A RETURN, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE TO ESTIMATE THE TAX LIABILITY AND ISSUE A PROPOSED ASSESSMENT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO INCLUDE PROCEEDS FROM THE SALE OF LIQUEFIED PETROLEUM GAS; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO DELETE REFERENCE TO CALCULATION OF ROLLBACK MILLAGE; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE LANGUAGE MAKING THE PENALTY INTEREST THE EXCLUSIVE REMEDY; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF THE DISCLOSURE OF RECORDS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE DISCLOSURE OF NAMES AND ADDRESSES TO THE STATE RETIREMENT SYSTEM IN CONNECTION WITH INACTIVE ACCOUNTS; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO ADD THE UNITED STATES DEPARTMENT OF EDUCATION AS A CLAIMANT AGENCY AND TO CHANGE "INDIVIDUAL" TO "PERSON"; AND TO REPEAL SECTIONS 12-6-5590 RELATING TO REVISION OF THE ASSESSED TAX, 12-54-35 RELATING TO SPOUSAL LIABILITY FOR TAX, AND 12-54-40 RELATING TO PENALTIES IN CONNECTION WITH COLLECTION AND ENFORCEMENT OF TAXES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3462MM99), which was adopted.
Amend the bill, as and if amended, beginning on page 9 and line 35, by striking SECTION 5 in its entirety; beginning on page 15 and line 23, by striking SECTION 17 in its entirety; and page 16, beginning on line 1, by striking SECTION 18 in its entirety.
Amend further, by adding appropriately numbered SECTIONS to read:
/ SECTION __. Section 12-4-320(6) of the 1976 Code, as added by Act 516 of 1994, is amended to read:
"(6) if for damage caused by war, terrorist act, or natural disaster or service with the United States armed forces occurs as defined in Section 12-9-310, prescribe temporary rules including, but not limited to, the filing of returns, payment of taxes, and extensions of due dates or natural guard in or near a hazard duty zone, extend the date for filing returns, payments of taxes, collection of taxes, and conducting audits, and waive interest and penalties."
SECTION __. Section 12-60-470(C) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"(C) Only the taxpayer legally liable for the tax may file a claim for refund or receive a refund, except that after the application of Section 12-60-490:
(1) the assignment of a refund may be made, but only after the department has authorized the refund and issued an order for the refund to the State Treasurer's office; or
(2) a person who acts as a collector and remitter of state taxes may claim a credit or refund of the tax collected, but only if the person establishes that he has paid the tax in question to the State, and
(1)(a) repaid the tax to the person from whom he collected it; or
(2)(b) obtained the written consent of the person from whom he collected the tax to the allowance of the credit or refund."
SECTION __. Section 12-44-60 of the 1976 Code, as added by Act 149 of 1997, is amended to read:
"Section 12-44-60. (A) The fee agreement may provide that property which is placed in service as a replacement for economic development property may become economic development property. This replacement property is not required to serve the same function as the economic development property it is replacing. Replacement property is deemed to replace the oldest property subject to the fee, whether real or personal, which is disposed of in the same property tax year as the replacement property is placed in service. Replacement property qualifies as economic development property only to the extent of the original income tax basis of the economic development property which is being disposed of in the same property tax year. More than one piece of property can replace a single piece of property.
(B) To the extent that the income tax basis of the replacement property exceeds the original income tax basis of the economic development property which it is replacing, the excess amount is subject to annual payments calculated as if the exemption for economic development property were not allowed. Replacement property is entitled to the fee payment for the period of time remaining during the exemption period for the economic development property which it is replacing. Where a single piece of property replaces two or more pieces of economic development property, the time period remaining must be measured from the earliest of the dates on which the replaced pieces of economic development property were placed in service.
(C) The new replacement property which qualifies for the fee provided in Section 12-44-50 is recorded using its income tax basis, and the fee is calculated using the millage rate and assessment ratio provided on the original economic development property. The fee payment for replacement property must be based on Section 12-44-50(A)(3) if the sponsor originally used an alternative payment method." /
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.
The Ways And Means Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20598SD99), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION ____. Section 12-20-105 of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:
"Section 12-20-105. (A) Any company subject to a license tax under Section 12-20-100 may claim a credit against its license tax liability for amounts paid in cash to provide infrastructure for an eligible project.
(B)(1) In order to be considered an eligible project for purposes of this section, the project must qualify for income tax credits under Chapter 6 of Title 12, withholding tax credit under Chapter 10 of Title 12, income tax credits under Chapter 14 of Title 12, or fees in lieu of property taxes under Chapter 12 of Title 4.
(2) If a project consists of an office, business, commercial, or industrial park which is constructed by a county or political subdivision of this State, the project does not have to meet the qualifications of item (1) in order to be considered an eligible project.
(C) For the purpose of this section 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunication systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;
(3) fixed transportation facilities including highway, road, rail, water, and air;
(4) for a qualifying project under subsection (B)(2), infrastructure improvements include industrial shell buildings and the purchase of land for an office, business, commercial, or industrial park which is constructed by a county or political subdivision of this State.
(D) A company is not allowed the credit provided by this section for actual expenses it incurs in the construction and operation of any building or infrastructure it owns, leases, manages, or operates.
(E) The maximum aggregate credit that may be claimed in any tax year by a single company is three hundred thousand dollars.
(F) The credits allowed by this section may not reduce the license tax liability of the company below zero. If the applicable credit originally earned during a taxable year exceeds the liability and is otherwise allowable under subsection (D), the amount of the excess may be carried forward to the next taxable year.
(G) For South Carolina income tax and license purposes, a company that claims the credit allowed by this section is ineligible to claim the credit allowed by Section 12-6-3420." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. R. SMITH proposed the following Amendment No. 2 (Doc Name DKA\AMEND\3493MM99), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION _____. Section 12-36-2120 of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding an appropriately numbered item at the end to read:
"(___) clothing and other attire required for working in a clean room environment."
SECTION ___. Section 12-37-930(6)(c) of the 1976 Code, as added by Act 32 of 1995, is amended to read:
"(c) Electronic Interconnection Component Assembly Devices for Computers and Computer Peripherals; semiconductors and semiconductor devices; flat panel displays; and liquid crystal displays...30%
Includes the manufacture of interconnection component assemblies and devices, semiconductors and semiconductor devices, flat panel displays, and liquid crystal displays which are incorporated in computers or computer peripherals, or other electronic control applications, and telecommunications devices. Computer peripherals include tape drives, compact disk read-only memory systems, hard disks, drivers, tape streamers, monitors, printers, routers, servers, and power supplies."
SECTION __. Section 12-37-930 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding an appropriately numbered item at the end to read:
"( ) Clean Room Modules and Associated Mechanical Systems, Process Piping, Wiring, Environmental Systems, and Water Purification Systems...10%
Includes waffle flooring, wall and ceiling panels; foundation improvements that isolate the clean room to control vibrations; clean air handling and filtration systems; piping systems for fluids and gases used in the manufacturing process and that touch the product during the fabrication of semiconductors, flat panel displays, and liquid crystal displays; process equipment energy control systems; ultra pure water processing and waste water recycling systems; and safety alarm and monitoring systems." /
Renumber sections to conform.
Amend title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3522 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS.
Rep. SEITHEL proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20620SD99), which was adopted.
Amend the bill, as and if amended, by striking on page 2, item (3) of Section 59-123-60 of the 1976 Code, as contained in SECTION 1 and inserting:
/ (3) to make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes; and to sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making room for other construction. These powers must be exercised in a manner consistent with the provisions of Chapter 35 of Title 11./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SEITHEL explained the amendment.
Rep. KEEGAN spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3552 (Word version) -- Reps. Harrison, D. Smith, J. Brown, Cobb-Hunter, Cotty, Harvin, Jennings, Klauber, Limehouse, Lourie, Maddox, Seithel, F. Smith, J. Smith, Stuart, Whipper and Wilkes: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO REQUIRE ALL PERSONS REGARDLESS OF AGE TO WEAR A SEAT BELT OR BE IN A CHILD RESTRAINT SYSTEM AS APPROPRIATE AND TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47, CHAPTER 5, TITLE 56; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FROM MANDATORY USE OF SEAT BELTS, SO AS TO DELETE AN EXCEPTION FOR CHILD RESTRAINT SYSTEMS IN ORDER TO CONFORM TO THESE PROVISIONS; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES AND ENFORCEMENT PROVISIONS OF MANDATORY SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS, TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT, AND TO IMPOSE THE FINE ON THE DRIVER OF THE VEHICLE IF AN OCCUPANT UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.
Reps. SIMRILL, MOODY-LAWRENCE and KIRSH objected to the Bill.
Reps. ROBINSON, CATO, ALTMAN, HARRISON, MEACHAM, QUINN, SEITHEL, MCMAHAND, LEACH, RHOAD, HARRELL, WHATLEY, KNOTTS, GOURDINE, YOUNG-BRICKELL, SANDIFER, SCOTT, NEAL, LOFTIS, DAVENPORT and VAUGHN requested debate on the Bill.
The following Bill was taken up:
H. 3218 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-120 SO AS TO MAKE CONFIDENTIAL THE INFORMATION PROVIDED BY A TAXPAYER IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIAPLITY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A CRIMINAL PENALTY AND DISMISSAL FROM OFFICE OR POSITION FOR AN EMPLOYEE OR OFFICER WHO VIOLATES THIS REQUIREMENT, AND TO DISQUALIFY FOR FIVE YEARS FROM PUBLIC OFFICE A COUNTY OR MUNICIPAL OFFICER VIOLATING THIS REQUIREMENT; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE CONFIDENTIALITY REQUIREMENTS OF STATE TAX RETURNS, SO AS TO EXTEND THIS REQUIREMENT TO THE ADMISSIONS LICENSE TAX; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO CONFORM THE EXEMPTION TO THE CONFIDENTIALITY PROVISIONS PROVIDED BY THIS ACT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name KGH\AMEND\15625HTC99), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 3 and 4 and inserting:
/SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MILLER explained the amendment.
The amendment was then adopted.
Rep. MILLER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3216 (Word version) -- Reps. Campsen and Rodgers: A BILL TO AMEND SECTION 24-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT SO AS TO PROVIDE A DISTRIBUTION PLAN FOR THE WAGES THAT INCLUDES PAYMENTS FOR VICTIM RESTITUTION, CHILD SUPPORT, PRISONER ROOM AND BOARD, PRISONER INCIDENTALS, AND PRISONER ESCROW ACCOUNT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9279SOM99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 24-3-40 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"Section 24-3-40. (A) Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. The Director of the Department of Corrections shall withhold five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the "Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404". The director may withhold from the wages costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages, in the discretion of the director and in proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, and the victim of the crime or deposited to the credit of the prisoner.
The Director of the Department of Corrections shall deduct the following amounts from the gross wages of the prisoner:
(1) If restitution to a particular victim or victims has been ordered by the court, then twenty percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court pursuant to Section 17-25-322, the twenty percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use twenty percent to meet the payment schedule so imposed.
(2) If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then the twenty percent referred to in subsection (1) must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984', Public Law 98-473, Title II, Chapter XIV, Section 1404, if the prisoner is engaged in work at paid employment in the community. If the prisoner is employed in a prison industry program, then the twenty percent referred to in subsection (1) must be applied to the South Carolina Victims Compensation Fund.
(3) Twenty percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the appropriate clerks of court for application toward payment of child support obligations. If there are no child support obligations, then one-half of the twenty percent referred to in this subsection must be used by the Department of Corrections to defray the cost of the prisoner's room and board. This is in addition to the fifteen percent used for the same purpose in subsection (4). Furthermore, if there are no child support obligations, then the other half of the twenty percent referred to in this subsection must be made available to the inmate during his incarceration for the purchase of incidentals. This is in addition to the ten percent used for the same purpose in subsection (5).
(4) Fifteen percent must be used by the Department of Corrections to defray the cost of the prisoner's room and board.
(5) Ten percent must be available to the inmate during his incarceration for the purchase of incidentals. Any monies made available to the inmate for the purchase of incidentals also may be distributed to the person or persons of the inmate's choice.
(6) Ten percent must be held in an interest bearing escrow account for the benefit of the prisoner.
(7) The remaining balance must be used to pay federal and state taxes required by law. Any monies not used to satisfy federal and state taxes must be made available to the inmate for the purchase of incidentals.
(B) The Department of Corrections shall return a prisoner's wages held in escrow pursuant to subsection (A) as follows:
(1) A prisoner released without community supervision must be given his escrowed wages upon his release.
(2) A prisoner serving life in prison shall be given the option of having his escrowed wages included in his estate or distributed to the persons or entities of his choice.
(3) A prisoner released to community supervision shall receive two hundred dollars or the escrow balance, whichever is less, upon his release. Any remaining balance must be dispersed to the Department of Probation, Parole and Pardon Services. The prisoner's supervising agent shall apply this balance toward payment of the prisoner's housing and basic needs and dispense any balance to the prisoner at the end of the supervision period."
SECTION 2. This act takes effect upon approval by the Governor and applies to wages earned beginning with the first day of the second month after the signature of the Governor. /
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. CAMPSEN having the floor.
Reps. SCOTT, VAUGHN, LOFTIS and LEACH withdrew their requests for debate on H. 3404; however, other requests for debate remained on the Bill.
Reps. J. SMITH, MCGEE and DELLENEY withdrew their requests for debate on the following Bill:
H. 3779 (Word version) -- Reps. Dantzler and Law: A BILL TO AMEND SECTION 41-18-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA AMUSEMENT RIDERS SAFETY CODE, SO AS TO REVISE THE DEFINITION OF "SERIOUS INJURY" TO INCLUDE DEATH, IMMEDIATE INPATIENT HOSPITALIZATION, FRACTURES, AND DISFIGUREMENTS.
Rep. FLEMING asked unanimous consent to recall H. 3701 from the Committee on Judiciary.
Rep. SHEHEEN objected.
Rep. RODGERS asked unanimous consent to recall H. 3077 from the Committee on Ways and Means.
Rep. H. BROWN objected.
Rep. HAMILTON asked unanimous consent to recall H. 4000 from the Committee on Education and Public Works.
Rep. WALKER objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3579 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-68 SO AS TO ESTABLISH A PROCEDURE WHEREBY THE STATE BOARD OF EDUCATION SHALL ADOPT AND THE SCHOOL DISTRICTS SHALL USE A UNIFORM GRADING SYSTEM NO LATER THAN SCHOOL YEAR 2000-2001.
Rep. VAUGHN explained the Senate amendment.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification:
The Senate amendments to the following Bill were taken up for consideration:
H. 3445 (Word version) -- Reps. Keegan, Carnell, H. Brown, Harrell, Quinn and Knotts: A BILL TO REPEAL SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVERALL DEBT LIMIT ON STATE INSTITUTION BONDS.
Rep. CARNELL explained the Senate amendment.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification:
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.
Rep. COBB-HUNTER made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 3696 (Word version) -- Ways and Means Committee: THE GENERAL APPROPRIATION BILL (Abbreviated Title)
Rep. COBB-HUNTER made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
S. 36 (Word version) -- Senators Waldrep, Elliott, Ryberg and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-25 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES.
Rep. FLEMING explained the Senate amendment.
Rep. SHEHEEN made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 3158 (Word version) -- Reps. Campsen, Knotts, R. Smith, Loftis, Barfield, Tripp, Altman, Wilder, Easterday, Edge, Harrison, Robinson, Wilkins, J. Brown, Miller, Hamilton, Barrett, Rice, Cato, J. Smith, Delleney, Gilham, Lourie, Rhoad, Bailey, Sharpe, Kirsh, Bales, Jennings, M. Hines, Neilson, Kennedy, Cobb-Hunter, Ott, Hayes, Gourdine, J. Hines, Inabinett, Breeland, Lee, Moody-Lawrence, F. Smith, McMahand, Mack, Maddox, Riser, Simrill, Sandifer and Leach: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
Reps. CAMPSEN and HARRISON proposed the following Amendment No. 1A (Doc Name BBM\AMEND\9289SOM99):
Amend the bill, as and if amended, in Section 1, page 3, beginning on line 14, by striking Section 1-32-45 in its entirety and inserting:
/ Section 1-32-45. This chapter does not affect the application of and must be applied in conjunction with Chapter 27 of Title 24, concerning inmate litigation. /
Amend the bill further, as and if amended, page 4, line 19, by striking Section 2 in its entirety and inserting:
/ SECTION 2. Chapter 27 of Title 24 of the 1976 Code, as added by Act No. 455 of 1996, is amended by adding:
Section 24-27-500. For the purposes of Chapter 32 of Title 1:
(A) A state or local correctional facility's regulation must be considered 'in furtherance of a compelling state interest' if the facility demonstrates that the religious activity:
(1) sought to be engaged by a prisoner is presumptively dangerous to the health or safety of that prisoner; or
(2) poses a direct threat to the health, safety, or security of other prisoners, correctional staff, or the public.
(B) A state or local correctional facility regulation may not be considered the 'least restrictive means' of furthering a compelling state interest if a reasonable accommodation can be made to protect the safety or security of prisoners, correctional staff, or the public." /
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Rep. F. SMITH made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Rodgers, Riser, Miller, Breeland, Campsen, Beck, Altman, Seithel, M. McLeod, Harrell, Ott, Cobb-Hunter, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 50-1-295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR SEINES IN THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE STATEWIDE AND PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT SHAD, HERRING, OR STURGEON; TO ADD SECTION 50-21-175 SO AS TO REQUIRE THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS TO HEAVE TO WHEN SIGNALED OR HAILED AND TO ALLOW BOARDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REDESIGNATE SECTION 50-13-990 AS SECTION 50-21-180; AND TO REPEAL CHAPTERS 7, 17, AND 20 OF TITLE 50, AND SECTIONS 50-5-130, 50-13-190, 50-13-320, 50-13-530, 50-13-700, 50-13-735, 50-13-770, 50-13-795, 50-13-800, 50-13-805, 50-13-815, 50-19-320, AND 50-19-330 OF THE 1976 CODE; AND TO PROVIDE THAT ALL RIGHTS, DUTIES, AND LIABILITIES ACCRUING TO A PERSON PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE PRESERVED, AND THAT ALL CASES AND APPEALS ARISING OR PENDING UNDER THE LAW BEFORE THE EFFECTIVE DATE OF THIS ACT ARE SAVED.
H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.
H. 3789 (Word version) -- Reps. Battle, Bailey, Bales, Barfield, Gourdine, Harris, Harrison, Harvin, Hayes, Keegan, Kelley, Kennedy, Limehouse, Lloyd, Lourie, McGee, M. McLeod, Miller, Phillips, Riser, Sandifer, F. Smith and Witherspoon: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 47 SO AS TO ENACT THE "TOBACCO ESCROW FUND ACT" PROVIDING FOR THE ESTABLISHMENT OF A RESERVE FUND TO GUARANTEE AN EVENTUAL SOURCE OF RECOVERY FROM TOBACCO PRODUCT MANUFACTURERS WHO ARE NOT A PARTY TO THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND OTHER TOBACCO PRODUCT MANUFACTURERS, TO REQUIRE NONPARTICIPATING TOBACCO PRODUCT MANUFACTURERS TO PLACE FUNDS INTO AN ESCROW ACCOUNT, BASED ON THE NUMBER OF TOBACCO PRODUCT UNITS SOLD, FOR WITHDRAWAL TO PAY A FUTURE JUDGMENT OR SETTLEMENT, TO PROVIDE FOR ANNUAL CERTIFICATION OF COMPLIANCE, AND TO ESTABLISH ENFORCEMENT PROCEDURES AND CIVIL PENALTIES, INCLUDING PAYMENT OF ATTORNEY'S FEES AND COSTS, FINES, AND AN INJUNCTION OF CIGARETTE SALES IN THE STATE.
The following Joint Resolution was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification:
S. 628 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Concurrent Resolution was taken up:
H. 3978 (Word version) -- Reps. Carnell, W. McLeod, Wilkins, Klauber, Parks and Stille: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 34 AT THE LAKE GREENWOOD DAM OVER THE SALUDA RIVER AT THE GREENWOOD COUNTY - NEWBERRY COUNTY LINE THE "HOLLY SELF DRUMMOND BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
Whereas, Holly Self Drummond of Ninety Six died unexpectedly on April 17, 1999; and
Whereas, for decades Mrs. Drummond rendered devoted public service to her community, Greenwood County, and the State of South Carolina; and
Whereas, she was respected, admired, and loved by countless South Carolinians; and
Whereas, for her many years of outstanding service, it is truly fitting that an appropriate memorial be established as appreciation for all the contributions she rendered for the public good. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly, by this resolution, requests the Department of Transportation to name the bridge on Highway 34 at the Lake Greenwood Dam over the Saluda River at the Greenwood County - Newberry County line the "Holly Self Drummond Bridge" and to erect appropriate markers or signs reflecting this designation.
Be it further resolved that copies of this resolution be forwarded to the Executive Director of the South Carolina Department of Transportation in Columbia and to the Drummond and Self families, in care of The Honorable John W. Drummond of Ninety Six.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. RICE.
The following Bill was taken up:
H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Scott, Lloyd and J. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 152 SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT" WHICH INCLUDES PROVISIONS FOR EXPANDED PARENTAL AND MATERNITY CARE, ADDITIONAL NUTRITION AND HEALTH CARE FOR CHILDREN, AND INCENTIVES FOR APPROPRIATE PRESCHOOL PROGRAMS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240, 43-3-120, AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, AND EACH COUNTY BOARD AND OFFICE OF SOCIAL SERVICES, AND THE BOARD AND DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name PSD\AMEND\7389AC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "South Carolina First Steps to School Readiness Act".
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-152-10. There is established South Carolina First Steps to School Readiness, a comprehensive, results-oriented initiative for improving early childhood education development by providing, through county partnerships, public and private funds and support for high-quality education services for children and by providing support for their families' efforts toward enabling their children to reach school ready to learn.
Section 59-152-20. The purpose of the First Steps initiative is to develop, promote, and assist efforts of agencies, private providers, and public and private organizations and entities, at the state level and the community level, to collaborate and cooperate in order to focus and intensify services, assure the most efficient use of all available resources, and eliminate duplication of efforts to serve the education needs of young children and their families. First Steps funds must not be used to supplant or replace any other funds being spent on services but must be used to expand, extend, improve, or increase access to services or to enable a community to begin to offer new or previously unavailable services in their community. The South Carolina First Steps to School Readiness Board of Trustees, Office of First Steps to School Readiness, and the county first steps partnerships shall assure that collaboration, the development of partnerships, and the sharing and maximizing of resources are occurring before funding for the implementation grants, as provided for in this chapter, is made available.
Section 59-152-30. The goals for South Carolina First Steps to School Readiness initiative are to:
(1) provide parents with access to the support they might seek and want to strengthen their families and to promote the optimal education development of their preschool children;
(2) promote high quality preschool programs that provide a healthy environment that will promote normal growth and development;
(3) mobilize communities to focus on providing enhanced services to support families and their young children so as to enable every child to reach school healthy and ready to learn;
(4) provide services so all children arrive at school ready to learn; and
(5) increase comprehensive services for children at increased risk for major physical, developmental, and learning problems.
Section 59-152-40. The South Carolina First Steps to School Readiness Board of Trustees established in Section 20-7-6101 shall oversee the South Carolina First Steps to School Readiness initiative.
Section 59-152-50. The South Carolina First Steps to School Readiness Board of Trustees shall establish an Office of South Carolina First Steps to School Readiness within the State Department of Education. The office shall:
(1) provide to the board information on best practices, successful strategies, model programs, and financing mechanisms;
(2) review the county partnerships' plans and budgets in order to provide any needed technical assistance and recommendations regarding grant proposals and improvement in meeting statewide and local goals;
(3) provide technical assistance, consultation, and support to county partnerships to facilitate their success including, but not limited to, model programs, strategic planning, leadership development, best practice, successful strategies, collaboration, financing, and evaluation;
(4) submit an annual report to the board by December first which includes, but is not limited to, the statewide needs and resources available to meet the goals and purposes of the First Steps to School Readiness initiative, the ongoing progress and results of the First Steps to School Readiness initiative statewide and locally, fiscal information on the expenditure of funds, and recommendations and legislative proposals to further implement the South Carolina First Steps to School Readiness initiative statewide;
(5) provide for on-going data collection and contract for an in-depth performance audit due June 1, 2002, and every three years thereafter to ensure that statewide goals and requirements of the First Steps to School Readiness initiative are being met; and
(6) coordinate the South Carolina First Steps to School Readiness initiative with all other state, federal, and local public and private efforts to promote school readiness of young children and support for their families.
Section 59-152-60. (A) The Office of First Steps to School Readiness, in collaboration with each county legislative delegation, shall initiate county forums for the purpose of bringing together stakeholders who are actively involved or interested in early childhood development and education so as to initiate a county first steps partnership.
(B)(1) Not later than October 1, 1999, at a meeting of each county first steps partnership, participants shall, by majority vote, elect one member from each of these categories to sit on its county first steps partnership board:
(a) pre-kindergarten through primary educators;
(b) family education, training, and support providers;
(c) childcare and early childhood development/education providers;
(d) healthcare providers;
(e) transportation providers;
(f) non-profit organizations that provide services to families and children;
(g) faith community; and
(h) business community.
(2) Participants shall also elect, by majority vote, three parents of pre-school children. After the first year of the implementation of the First Steps to School Readiness initiative, parents serving on the county first steps partnership board must have pre-school children being served by First Steps programs. If it is necessary to replace a parent on the board for this reason, parents who are currently board members shall continue to serve until successors are elected and qualify.
(3) In addition to the membership enumerated in subsection (1), four additional members must be elected from the early childhood education category to serve on the county first steps partnership board.
(4) Each county legislative delegation may appoint up to eight additional members to its county first steps partnership board. These appointments must have specific interests in improving the readiness of young children for school. When making appointments, the legislative delegation shall make every effort to assure that all areas of the county are adequately represented and that appointments reflect the diversity of the county.
(5) Each of the following shall designate one member to serve as a member of its county first steps partnership board:
(a) county department of social services;
(b) county department of health and environmental control;
(c) local technical college;
(d) head start program; and
(d) county public library.
(6) Each school district in the county shall designate one member to serve as a member of its county first steps partnership board.
(C) The terms of the members of a county first steps partnership board are for two years and until their successors are elected and qualify. Members may be re-elected to serve on the board by the partnership, however, membership on the board may not exceed six consecutive years.
(D) The chairman of a county first steps partnership board must be elected by majority vote of the board. The chairman shall serve a one-year term; however, the chairman may be elected to subsequent terms not to exceed a total of four consecutive years.
(E) County first steps partnerships must have policies and procedures for conducting meetings and disclosing records comparable to those provided for in the Freedom of Information Act. Prior to every vote taken by the board, members must abstain from voting if the issue being considered would result in a conflict of interest. The abstention must be noted in the minutes of the meeting.
(F) The primary purpose of county first steps partnership meetings must be to develop consensus statements concerning priority needs and objectives for attention by the county first steps partnership board.
Section 59-152-70. (A) A county first step partnership board shall, among other powers and duties:
(1) establish by-laws necessary to effectuate the provisions of this chapter which must include the creation of a periodic meeting schedule;
(2) coordinate a collaborative effort to bring the community together to identify the area needs related to the goals of the First Steps to School Readiness initiative;
(3) facilitate the coordination and collaboration among service providers at the county level which must include providing increased availability, accessibility, quality, and efficiency of services to young children and their families;
(4) create and annually revise a county needs assessment;
(5) create a comprehensive strategic plan for early childhood education development and school readiness and an integrated service delivery model to address the identified needs;
(6) coordinate and oversee the implementation of the comprehensive strategic plan including, but not limited to, direct service provision, contracting for service provision, and organization and management of volunteer programs;
(7) keep accurate records of partnership's meetings, programs and activities;
(8) implement fiscal policies and procedures as needed to ensure fiscal accountability of all funds appropriated to the partnership;
(9) submit an annual report, on or before October first, to the South Carolina First Steps to School Readiness Board of Trustees. The first annual report must be submitted October 1, 2000. This report must include, but is not limited to:
(a) determination of the current level and effectiveness of services for young children and their families;
(b) strategic goals for increased availability, accessibility, quality, and efficiency of activities and services for young children and their families which will enable children to reach school ready to learn;
(c) monitoring of progress toward strategic goals;
(d) report on implementation activities;
(e) recommendations for changes to the strategic plan which may include new areas of implementation;
(f) evaluation and report of program effectiveness and client satisfaction before, during, and after the implementation of the strategic plan;
(g) estimation of cost savings attributable to increased efficiency and effectiveness of delivery of services to young children and their families.
(B) Each county first steps partnership may, in the performance of its duties, employ or acquire administrative, clerical, stenographic, and other personnel as may be necessary to effectuate the provisions of this section. However, overhead costs of the partnership may not exceed fifteen percent of its grant allocation unless prior approval is received from the First Steps to School Readiness Board of Trustees.
(C) Each county first steps partnership may apply for, receive, and expend federal, state, and local funds, grants, and other funding.
(D) Employees of day care facilities receiving grant funds must earn a minimum of one-half of the hours required for day care certification from professional development programs offered through an accredited educational institution.
(E) Each county first steps partnership shall establish, if one is not currently operating, a site to serve as a resource center for agencies, parents, and children which shall include information on preschool initiatives. However, any new site established may not be housed within a building being used as a school as defined in Section 59-1-150.
Section 59-152-80. (A) It is the intent of the General Assembly that the first steps to school readiness initiative be implemented as soon as county first steps partnerships are ready to utilize the funds efficiently and effectively to improve services.
(B) After a county first steps partnership board is formed, it shall submit a first year needs assessment and strategic planning grant application to the South Carolina First Steps to School Readiness Board of Trustees in a format specified by the board. The South Carolina First Steps to School Readiness Board of Trustees shall establish criteria for needs assessment and strategic planning grant allocations. The criteria shall include, but is not limited to, total population covered by the partnership and quality of any pre-existing needs assessment and/or strategic plans for that geographic area.
(C) Upon completion and review of the first year needs assessment and strategic plan, a county first steps partnership may submit an application to the South Carolina First Steps to School Readiness Board of Trustees for an implementation grant. The grant application must be in a format specified by the board which shall include, but is not limited to, a description of the needs of children and their families in the local area, assets and resources available, explanation of how supports and services are to be organized and delivered, proposed strategies to address needs as they relate to the goals of South Carolina First Steps to School Readiness initiative, measurable objectives, interim goals, and an evaluation component.
(D) The South Carolina First Steps to School Readiness Board of Trustees shall establish criteria for implementation grant allocations. Priority must be given to strategic plans that incorporate programs with demonstrated success. The criteria shall include, but is not limited to, the area's ability to support the strategic plan initiative, average per capita income, and social and economic characteristics. The criteria also shall take into account the standing of the geographical area covered by a county partnership in relation to the statewide Kids Count indicators.
(E) All activities and services provided by a county first steps partnership through the implementation of its strategic plan must be made available on a voluntary basis and may include, but is not limited to:
(1) lifelong learning:
(a) school readiness;
(b) literacy;
(c) parenting skills; and
(d) adult and continuing education.
(2) quality child care:
(a) staff training and professional development incentives;
(b) quality cognitive learning programs;
(c) voluntary accreditation standards;
(d) accessibility; and
(e) affordability.
(3) health care:
(a) nutrition;
(b) affordable access to quality age-appropriate health care;
(c) early and periodic screenings to include, but not be limited to, vision and hearing screenings; and
(d) immunizations.
(4) transportation:
(a) coordinated service;
(b) accessibility;
(c) increased utilization efficiency; and
(d) affordability.
Section 59-152-90. Implementation grants must be funded annually and may be awarded for up to three years. Implementation grants are renewable based upon criteria established by the South Carolina First Steps to School Readiness Board of Trustees, including the results of performance audits.
Section 59-152-100. In developing these plans, a county first steps partnership must be given sufficient flexibility; however, the partnership is accountable for fiscal management and program results.
Section 59-152-110. (A) Implementation grants provided to county first steps partnerships must be used to address the needs of young children and their families as identified in the partnerships' comprehensive plans. The funds must be used to expand, extend, or improve the quality of provided services if there is evidence as to existing programs' effectiveness, offer new or previously unavailable services in the area or increase access to services. Grant funds may not supplant current expenditures by counties or state agencies on behalf of young children and their families and may not be used where other state or federal funding sources are available or could be made available to that county or local community.
(B) Funds received for implementation of a county partnership's strategic plan may not be used for capital expenses. However, if the county first steps partnership demonstrates that capital expenditure is a priority need for these local initiative and other state or federal funds for these projects are insufficient and the capital expenditure is necessary to provide services to under-served children and families, a county first steps partnership may request assistance from the Human Services Facility Consolidation Board as established in Section 1-1-1310.
Section 59-152-120. County first steps partnerships shall provide an annual match of not less than twenty percent. Private individuals and groups must be encouraged to contribute to this endeavor. No more than one-half of the local match may be in-kind donated resources. Only in-kind donations, as defined by the standard fiscal accountability system provided for in Section 59-152-140, which meet the criteria established by the South Carolina First Steps to School Readiness Board of Trustees and that are quantifiable may be applied to the in-kind match requirement.
The Office of the South Carolina First Steps to School Readiness shall establish guidelines and reporting formats for county partnerships to document expenses to ensure they meet matching fund requirements. The office shall compile a report annually on the private cash and in-kind contributions received by the South Carolina First Steps to School Readiness Board of Trustees and county first steps partnerships.
Section 59-152-130. To ensure effective use of funds, awards under contract for county first steps partnerships, with the approval of the Office of First Steps to School Readiness, may be carried forward and used in the following fiscal year. Funds appropriated to South Carolina First Steps to School Readiness may also be carried forward into subsequent years.
Section 59-152-140. (A) The Office of First Steps to School Readiness shall develop and require county first steps partnerships to adopt and implement a standard fiscal accountability system including, but not limited to, a uniform, standardized system of accounting, internal controls, payroll, fidelity bonding, chart of accounts, and contract management and monitoring. The accountability system shall require competitive bids for the purchase or procurement of goods and services of ten thousand dollars or more. A bid other than the lowest bid may be accepted if other considerations outweigh the cost factor; however, written justification must be filed with the Office of First Steps to School Readiness. The Office of First Steps to School Readiness may contract with outside firms to develop and ensure implementation of this standard fiscal accountability system, and the Office of First Steps to School Readiness may inspect fiscal and program records of county first steps partnerships to ensure their compliance with the required system. The Office of First Steps to School Readiness may contract with a state entity with existing means for developing contracts and disbursing funds in order to make use of the existing infrastructure, if it is efficient and not administratively burdensome to partnerships.
(B) Each county first steps partnership shall expend funds through the South Carolina First Steps to School Readiness Board of Trustees or its fiscal designees until the capacity of the county first steps partnership to manage its fiscal and administrative responsibilities in compliance with the standard accountability system has been reviewed and certified by the South Carolina First Steps to School Readiness Board of Trustees or its designee.
(C) State or local grant funds received by a county first steps partnership must be deposited in a separate fund and may not be commingled with other funds, including other grant funds. Disbursement may be made from this fund only on the written authorization of the individual who signed the grant application, the individual's designee or successor, and only for the purposes specified in the grant application. A person violating this section is guilty of a misdemeanor and upon conviction, must be fined five thousand dollars or imprisoned for six months, or both.
(D) The offenses of misuse, misappropriation, and embezzlement of public funds, apply to this chapter.
Section 59-152-150. The South Carolina First Steps to School Readiness Board of Trustees shall establish internal evaluation policies and procedures for county first steps partnerships for an annual review of the functioning of the partnership, implementation of strategies, and progress toward the interim goals and benchmarks. In instances where no progress has been made, the Office of First Steps to School Readiness shall provide targeted assistance and/or the South Carolina First Steps to School Readiness Board of Trustees may terminate the grant. In addition, a program evaluation of the First Steps to School Readiness initiatives at the state and local levels must be conducted every three years by an independent, external evaluator under contract with the South Carolina First Steps to School Readiness Board of Trustees. County first steps partnerships must agree to participate in such an evaluation in order to receive a First Steps grant. Subsequent grant approval and grant allocations must be dependent, in part, on the results of the evaluations. If an evaluation finds no progress has been made in meeting local goals or implementing strategies as agreed to in the First Steps grant, the grant must be terminated.
The purpose of the evaluation is to assess progress toward achieving the First Steps goals and to determine the impact of the initiative on children and families at the state and local levels. The impact assessment shall include, but is not limited to, transportation services, school readiness measures, benefits from child development services, immunization status, low birth-weight rates, parent literacy, parenting skills, parental involvement, and developmental screening results. During the course of the evaluation, if an evaluator determines that any state agency has failed to comply with the coordination and collaboration provisions as required in this chapter, the final report must reflect that information. Program evaluation reports must be reported to the General Assembly no later than three months after conclusion of the evaluation. All county first steps partnerships shall cooperate fully in collecting and providing data and information for the evaluation."
SECTION 3. Chapter 7, Title 20 of the 1976 Code is amended by adding:
Section 20-7-6101. There is established the South Carolina First Steps to School Readiness Board of Trustees which shall oversee the South Carolina First Steps to School Readiness initiative, a broad range of innovative early childhood development and education, family support, health services, and prevention efforts to meet critical needs of South Carolina's children through the awarding of grants to partnerships at the county level as provided for in Section 59-152-80. The board may accept gifts, bequests, and grants from any person or foundation. This fund, and grants from the fund, shall supplement and augment, but not take the place of, services provided by local, state, or federal agencies. The board of trustees shall carry out activities necessary to administer the fund including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants.
Section 20-7-6120. There is created the South Carolina First Steps to School Readiness Board of Trustees which must be chaired by the State Superintendent of Education, who shall serve as an ex officio voting member of the board. The board is composed of:
(1) eighteen members appointed in the following sectors, one each by the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives:
(a) parents;
(b) business community;
(c) medical community;
(d) early childhood educators;
(e) child care and development providers; and
(f) transportation.
(2) the chief executive officer of each of the following shall serve as an ex officio nonvoting member:
(a) Department of Social Services or his designee;
(b) Department of Health and Environmental Control or his designee;
(c) Department of Health and Human Services or his designee;
(d) Department of Mental Health or his designee;
(e) Department of Disabilities and Special Needs or his designee;
(f) Department of Alcohol and Other Drug Abuse Services or his designee;
(g) Department of Transportation or his designee; and
(h) Budget and Control Board, Division of Research and Statistics or his designee;
(3) the following organizations shall designate one member to serve as an ex officio non-voting member:
(a) South Carolina State Library;
(b) Transportation Association of South Carolina; and
(c) State Advisory Committee on the Regulation of Child Day Care Facilities.
The terms of the members are for four years and until their successors are appointed and qualify, except of those first appointed. When making the initial appointments, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall designate three of their six appointments to serve a two year term only. Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer. Members who miss more than three consecutive meetings without excuse or members who resign must be replaced in the same manner as their predecessor.
Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standards provided by law for boards, committees, and commissions.
A complete report of the activities of the South Carolina First Steps to School Readiness Board of Trustees must be made annually to the Governor, General Assembly, and the State Auditor.
Section 20-7-6130. The South Carolina First Steps to School Readiness Board of Trustees shall:
(1) develop a comprehensive long range initiative for improving early childhood education development and increasing school readiness;
(2) provide oversight on the implementation of South Carolina First Steps to School Readiness initiative at the state and county levels;
(3) facilitate the efficient coordination and collaboration among service providers at both the state and county level;
(4) facilitate and direct the establishment of county first steps partnerships;
(5) oversee the creation and annual revision of state and county needs assessments;
(6) aid in the prioritization, implementation, and evaluation of each county first steps partnership's strategic plans based on needs assessments;
(7) ensure increased availability, accessibility, quality, and efficiency of activities and services within local communities as they relate to the goals of the South Carolina First Steps to School Readiness initiative;
(8) provide technical assistance, consultation services, and support to county first steps partnerships;
(9) promulgate regulations, guidelines, policies and procedures for implementation of the South Carolina First Steps to School Readiness initiative;
(10) establish results oriented measures and objectives and assess whether services provided by county first steps partnerships to children and families are meeting the goals and achieving the results established for the First Steps initiative pursuant to Chapter 152, Title 59;
(11) establish criteria and procedures for awarding State First Steps grants to county first steps partnerships; and
(12) ensure cooperation among county first steps partnerships in the identification, application, and disbursement of assets from other funding sources;
(13) report annually to the General Assembly by January first on activities and progress to include recommendations for changes and legislative initiatives and results of program evaluations;
(14) receive gifts, bequests, and devices to be used for State First Steps Grants to county first steps partnerships.
Section 20-7-6140. The State Superintendent of Education shall employ, with the approval of the South Carolina First Steps Board of Trustees, a director of the Office of South Carolina First Steps to School Readiness and other staff as necessary to carry out the South Carolina First Steps to School Readiness initiative, established in Title 59, Chapter 152, and the duties and responsibilities assigned by the board. The director, with the approval of the South Carolina First Steps Board of Trustees, shall hire staff as is considered necessary to carry out the provisions of the initiative.
Section 20-7-6150. A separate fund must be established to accept nongovernmental grants, gifts, and donations from any public or private source for the South Carolina First Steps to School Readiness initiative. Of the monies received in this fund, each donor may designate a specific county to receive the funds. This money may be used to meet the local match required in Section 59-152-20. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The South Carolina First Steps to School Readiness Board of Trustees shall administer and authorize any disbursements from the fund. Private individuals and groups must be encouraged to contribute to this endeavor.
(B) In addition, a separate fund within the state general fund must be established for monies that may be appropriated by the General Assembly for the South Carolina First Steps to School Readiness initiative. These funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The South Carolina First Steps to school Readiness Board of Trustees shall administer and authorize any disbursements from the fund.
(C) All interest derived from the investment of the funds in subsections (A) and (B) shall remain a part of each respective fund.
SECTION 4. Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 1-1-1310. (A) It is the intent of the General Assembly to assist state and local human service agencies with the funding and financing of capital projects when proposed projects provide for the consolidation or co-location of several different agencies. Accordingly, there is created a Human Services Facility Consolidation Board consisting of:
(1) a chairman to be appointed by the Governor;
(2) a member of the House of Representatives to be appointed by the Speaker of the House of Representatives;
(3) a member of the Senate to be appointed by the President of the Senate;
(4) a member of the House of Representatives to be appointed by the Chairman of the Ways and Means Committee;
(5) a member of the Senate to be appointed by the Chairman of the Senate Finance Committee;
(6) the Chairman of the Joint Bond Review Committee; and
(7) a member appointed by the Governor who has knowledge and expertise in human service delivery systems and facility planning to advise and assist the board in its work.
The members of this board shall serve without compensation. The Executive Director of the Budget and Control Board is directed to assist the board in its duties and responsibilities. All agencies are directed to assist the board as requested by the executive director. The Chief of Health and Demographic Statistics of the Office of Research and Statistics, Budget and Control Board shall advise the board in its work. In its work, the board shall use quality methods and tools.
(B) The board shall:
(1) conduct an inventory of the state's human service delivery and facility infrastructure;
(2) identify communities where opportunities exist for co-location of related health and human service agencies for greater efficiency, economy, and benefit to the public;
(3) invite proposals from those communities for consolidation and co-location of facilities; and
(4) recommend, to the Joint Bond Review Committee and the Budget and Control Board, in priority order, those proposals that offer the greatest benefits to the public for ease of accessibility, convenience, and efficiency of service delivery and administration.
(C) The board shall develop and apply criteria for the review and selection of projects to be funded by the board. These criteria include, but are not limited to:
(1) demonstrated coordination with other service providers;
(2) efficiency of service delivery;
(3) consolidation of administrative functions;
(4) integration of data and client information systems;
(5) demonstration of non-duplication of services and facilities;
(6) accessibility to facilities and programs by the public;
(7) local participation demonstrated by community support and matching funds;
(8) consideration of client location and transportation issues; and
(9) the co-location of a minimum of five state, federal and/or local human service agencies;
(10) other capital projects, not covered in items one through nine, as recommended by the South Carolina First Steps to School Readiness Board of Trustees.
(D) The board's recommendations, subject to the review by Joint Bond Review Committee and approval by the Budget and Control Board, must be the basis for selection for state financing of the proposed project. Projects approved by the board are authorized to utilize the funds designated by the Budget and Control Board as 'Human Facility Consolidation Capital Funds'. The board is authorized to develop and implement innovative financing plans for the projects selected and to establish conditions for the use of the funds. The Budget and Control Board is authorized to establish standards for the projects authorized to be funded."
SECTION 5. The 1976 Code is amended by adding:
"Section 43-1-240. The State Department of Social Services in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness Act, as established in Title 59, Chapter 152, at the state and local levels."
SECTION 6. The 1976 Code is amended by adding:
"Section 43-3-120. Each county board and office of social services in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness Act, as established in Title 59, Chapter 152, at the state and local levels."
SECTION 7. The 1976 Code is amended by adding:
"Section 44-1-280. The Board and the Department of Health and Environmental Control in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to them, must support, as appropriate, the South Carolina First Steps to School Readiness Act, as established in Title 59, Chapter 152, at the state and local levels."
SECTION 8. It is the intent of the General Assembly that state agencies involved in early child care and development and education and in health and support services to families with young children shall actively support the South Carolina First Steps to School Readiness initiative. In addition to those agencies answering directly to the Governor, those agencies headed by boards and commissions or constitutional officers shall use their resources to support, as appropriate, the First Steps initiative. To this end, the State Health Plan and other appropriate state and federal plans must be amended, as they apply to services which support early childhood development and education, family support, and health.
SECTION 9. This act takes effect upon approval by the Governor. The provisions of this act are repealed six years after the effective date of this act unless reauthorized by the General Assembly./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. TRIPP spoke upon the amendment.
Rep. J. SMITH spoke against the amendment.
Rep. WILKINS spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin Mason McGee McKay Meacham Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith D. Smith R. Stille Stuart Taylor Townsend Tripp Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Kirsh Lee Lloyd Lourie Mack Maddox McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sheheen Smith F. Smith J. Wilder Wilkes
So, the amendment was adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name PSD\AMEND\7414AC99), which was adopted.
Amend the bill, as and if amended, Section 59-152-60(B), page 3620-4, immediately after line 35, by inserting / (7) Members who miss more than three consecutive meetings without excuse or members who resign must be replaced in the same manner as their predecessor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 3 (Doc Name PSD\AMEND\7415AC99), which was adopted.
Amend the bill, as and if amended, Section 59-152-140(A), page 3620-9, line 32, after / accepted / by inserting / by a majority vote of the county partnership board /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 4 (Doc Name PSD\AMEND\7416AC99), which was adopted.
Amend the bill, as and if amended, Section 59-152-60(B)(5), page 3620-4, by deleting lines 31-32 and inserting:
/ (d) head start program;
(e) county public library; and
(f) a public four year college or university, if one is located in the county. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. Cobb-Hunter proposed the following Amendment No. 5 (Doc Name \PSD\AMEND\7423AC99), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "South Carolina First Steps to School Readiness Act".
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-152-10. There is established South Carolina First Steps to School Readiness, a comprehensive, results-oriented initiative for improving early childhood development by providing, through public and private funds and support through local partnerships, high-quality early childhood development and education services for children from the prenatal development period through age five and by supporting their families' efforts toward enabling their children to reach school ready to learn.
Section 59-152-20. The purpose of the First Steps initiative is to develop, promote, and assist efforts of agencies, private providers, and public and private organizations and entities, at the state level and the community level, to collaborate and cooperate in order to focus and intensify services, assure the most efficient use of all available resources, and eliminate duplication of efforts to serve young children and their families. First Steps funds must not be used to supplant or replace any other funds being spent on services but must be used to expand, extend, improve, or increase access to services or to enable a community to begin to offer new or previously unavailable services in their community. The First Steps office, First Steps board, and the local partnerships shall assure that collaboration, the development of partnerships, and the sharing and maximizing of resources is occurring before funding for the implementation/management grants, as provided for in this chapter, is made available.
Section 59-152-30. The goals for South Carolina First Steps to School Readiness are to:
(1) increase comprehensive prenatal and maternity care so that fewer premature babies who are at increased risk for major physical, developmental, and learning problems are born to South Carolina mothers;
(2) provide services so all children receive the protection, nutrition, and health care needed to thrive at birth and in the early years so they arrive at school ready to learn;
(3) provide parents with access to the support they might seek and want to strengthen their families and to promote the optimal development of their preschool children;
(4) promote high quality and appropriate preschool programs that provide a healthy environment that will promote normal growth and development;
(5) mobilize communities to focus efforts on providing enhanced services to support families and their young children so as to enable every child to reach school healthy and ready to learn.
Section 59-152-40. The Board of Trustees for the Children's First Steps Trust Fund of South Carolina, established in Section 20-7-5020, shall oversee the South Carolina First Steps to School Readiness initiative. The staff employed pursuant to Section 20-7-5040 shall serve as the office of First Steps.
Section 59-152-50. The office of South Carolina First Steps to School Readiness shall:
(1) provide to the board information on best practice, successful strategies, model programs, and financing mechanisms;
(2) review the local partnerships' plans and budgets in order to provide technical assistance and recommendations regarding local grant proposals and improvement in meeting statewide and local goals;
(3) provide technical assistance, consultation, and support to local partnerships to facilitate their success including, but not limited to, model programs, strategic planning, leadership development, best practice, successful strategies, collaboration, financing, and evaluation;
(4) recommend to the board the applicants to be selected as First Steps partnerships and the grants to be awarded;
(5) submit an annual report to the board by November first which includes, but is not limited to, the statewide needs and resources available to meet the goals and purposes of First Steps, the ongoing progress and results of First Steps statewide and locally, fiscal information on the expenditure of funds, and recommendations and legislative proposals to further implement South Carolina First Steps statewide;
(6) provide for on-going data collection and contract for an in-depth performance audit every three years to ensure that statewide goals and requirements of First Steps are being met; and
(7) coordinate the First Steps initiative with all other state, federal, and local public and private efforts to promote good health and school readiness of young children.
Section 59-152-60. To be eligible to become a First Steps partnership, a private nonprofit corporation organized under Section 501(c)(3) of the Internal Revenue Code must be formed or expanded in a county or group of counties; however, developing partnerships which have not yet received 501(c)(3) status may qualify for grants if they have received a state charter for incorporation and meet other criteria as established by the board.
To be designated a developing partnership, an organization must have broad-based membership and meet any other requirements outlined by the First Steps board.
To be designated a First Steps partnership, the organization must:
(1) agree to coordinate a collaborative effort at the county or multi-county level which will bring the community together to identify the area needs related to the goals of First Steps to School Readiness; develop a comprehensive long-term plan for meeting those needs; and develop specific initiatives to implement the elements of the long-term plan;
(2) agree to coordinate and oversee the implementation of the partnership's initiatives, which may include such activities as direct service provision, contracting for service provision, and organization and management of volunteer programs;
(3) agree to a governing board for the partnership which is broad-based, as specified by the First Steps board and, to the extent possible within the area covered by the partnership, includes representatives from such groups as are on the First Steps board, school districts, local service agencies, and other persons with resources, skills, or knowledge that could contribute to the accomplishment of the goals of First Steps to School Readiness;
(4) implement fiscal policies and procedures as required by the First Steps office and as needed to ensure fiscal accountability;
(5) have policies and procedures for conducting meetings and disclosing records comparable to those provided for in the Freedom of Information Act; and
(6) agree to collect information and otherwise participate in the annual review and the three-year evaluation of operations and programs.
Section 59-152-70. (a) Three levels of First Steps grants may be awarded as follows:
(1) Level One for the development of the collaborative effort and initiating a comprehensive plan;
(2) Level Two for development of the initiative and finalizing a comprehensive plan; and
(3) Level Three for implementation/management of activities and programs.
The level of grant awarded to a local partnership must be based on the readiness of the local partnership to implement the First Steps initiative. The First Steps board shall establish the criteria for qualifying for each grant level and the allocation amount for each. However, the allocations for the grants shall take into consideration the quality of the grant proposal, the population of children birth to age five contained in the area served by the partnership, the percentage of students in grades 1-3 who are eligible for the free and reduced price lunch program, and the area's ability to support the First Steps initiative.
(b) After a First Steps partnership board has selected grant recipients and upon disbursal of the grant funds, the legislative delegation for the county or counties involved in the partnership shall deliver the grant funds to the partnership.
Section 59-152-80. It is the intent of the General Assembly that First Steps be implemented as soon as local partnerships are ready to utilize the funds efficiently and effectively to improve services. To that end, for the first year of the initiative, no more than twelve Level Three implementation/management grants may be awarded; with at least one in each congressional district, if the local partnerships meet the criteria established by the First Steps board for an implementation/management grant. There are no limits to the number of Level One and Level Two grants that may be awarded; however, the First Steps board shall evaluate applicants based on their demonstrated capacity and the established criteria for each grant level.
Section 59-152-90. To obtain a grant, a First Steps partnership or developing partnership shall submit an application to the First Steps office in a format specified by the First Steps board. The application shall include, as appropriate to the level of grant applied for, a plan specifying the grant applied for, the level of funding requested, a description of need, assets, and resources based on the local needs assessment, and the proposed strategies to address the goals of South Carolina First Steps to School Readiness. Each grant may be awarded for up to three years and is renewable based upon criteria established by the First Steps board, including the results of performance audits.
Section 59-152-100. (A) To receive a Level Three implementation/management grant for First Steps to School Readiness, a First Steps partnership must develop a comprehensive, long-range plan to provide high quality early childhood development and education services. The plan must identify the needs of children and their families in the local area; determine how supports and services are to be organized and delivered; and establish interim goals for meeting the local and state goals for First Steps. In developing these plans, the First Steps partnership must be given sufficient flexibility, but they must be accountable for fiscal management, program management, and program results.
(B) All activities and services provided by a local partnership must be made available to young children and families on a voluntary basis and may include, but are not limited to:
(1) health services:
(a) prenatal and postpartum care and support;
(b) health care and early and periodic screenings, including developmental screenings and dental, vision, and hearing screenings;
(c) required immunizations;
(d) transportation services to health care;
(e) health and developmental services for children with disabilities;
(f) parent education services provided by health and education practitioners to parents of infants and young children;
(g) initiatives to reduce injuries to infants and toddlers;
(h) technical assistance and consultation for parents and child care providers on health and safety issues;
(2) education readiness:
(a) programs for building the foundations of reading and mathematics in young children;
(b) training incentives for child care and development workers;
(c) access to quality child care and development resources;
(d) technical assistance and professional development for child care and development providers;
(e) subsidized child-related services, including assistance for special needs children;
(3) family literacy and parenting:
(a) family literacy initiatives;
(b) parent education programs;
(c) other family-focused services.
Section 59-152-110. (A) Implementation/management grants provided to First Steps partnerships must be used to address the needs of young children and their families as identified in the partnerships' comprehensive plans. The funds must be used to expand, extend, or improve the quality of provided services if there is evidence as to existing programs' effectiveness, offer new or previously unavailable services in the area, or increase access to services. Grant funds may not supplant current expenditures by counties or state agencies on behalf of young children and their families and may not be used where other state or federal funding sources are available or could be made available to the geographic area covered by the partnership.
(B) A maximum of forty percent of all funds provided for local partnerships may be used to improve access to child care and development services, develop new child care services, or improve the quality of child care and development services in all settings, including in-home child care and development. However, only child care providers licensed or registered by the State may be beneficiaries or recipients of these funds.
(C) Funds for overhead costs must not exceed fifteen percent or a lesser rate as determined by the First Steps board based on audit findings.
(D) The grant may be used for capital expenses or to support activities and services for children, families, and providers. However, grant funds designated for activities and services may not be used for capital expenses unless the facilities are owned or operated by a public entity or a private nonprofit 501(c)(3) organization and the local partnership demonstrates to the satisfaction of the First Steps office that the capital expenditure is:
(1) a priority need for the local initiative and other state or federal funds for such projects are insufficient; and
(2) necessary to provide services to under-served children and families.
Funds approved for capital expenditures, as defined by the standard fiscal accountability system provided for in Section 59-152-130, may not exceed the level established by the First Steps board which must be a percent annually of the total funds for direct services applied to a local partnership's allocation.
Section 59-152-120. (A) The First Steps board, in conjunction with local partnerships and developing partnerships shall provide an annual statewide aggregate match as established by the First Steps board after consulting with business and foundation leadership. However, it shall be a goal that the statewide aggregate match be equal to ten percent of the State funds appropriated for the initiative. The First Steps board shall establish the match required of each local partnership and developing partnership and the timeframe within which the match must be provided. The match required of individual partnerships by the First Steps board should take into consideration such factors as:
(1) local wealth, using such indicators as the number and percentage of children eligible for free and reduced lunches in grades 1-3; and
(2) in-kind donated resources. Only in-kind donations, as defined by the standard fiscal accountability plan provided for in Section 59-152-130, which meet the criteria established by the First Steps board and that are quantifiable may be applied to the in-kind match requirement.
Expenses, including those paid both by cash and through in-kind contributions, incurred by other nonstate entities participating in local partnerships may be included in determining matching funds.
(B) The First Steps office shall establish guidelines and reporting formats for local partnerships to document expenses to ensure they meet matching fund requirements. The office shall compile a report annually on the private cash and in-kind contributions received by the First Steps Trust Fund and local partnerships.
Section 59-152-130. To ensure effective use of funds, awards under contract for local partnerships, with the approval of the First Steps office, may be carried forward and used in the following fiscal year. Funds appropriated to South Carolina First Steps to School Readiness may also be carried forward into subsequent years.
Section 59-152-140. (A) The First Steps office shall develop and require partnerships to adopt and implement a standard fiscal accountability system including, but not limited to, a uniform, standardized system of accounting, internal controls, payroll, fidelity bonding, chart of accounts, and contract management and monitoring. Additionally, the accountability system shall require competitive bids for the purchase or procurement of goods and services of ten thousand dollars or more. A bid other than the lowest bid may be accepted if other considerations outweigh the cost factor; however, written justification must be filed with the First Steps office. The First Steps office may contract with outside firms to develop and ensure implementation of this standard fiscal accountability system, and the First Steps office may inspect fiscal and program records of local partnerships and developing partnerships to ensure their compliance with the required system. The First Steps office may contract with a state entity with existing means for developing contracts and disbursing funds in order to make use of the existing infrastructure, if it is efficient and not administratively burdensome to partnerships.
(B) Each local partnership shall expend funds through the First Steps board or its fiscal designees until the capacity of the local partnership to manage its fiscal and administrative responsibilities in compliance with the standard accountability system has been reviewed and certified by the First Steps board or its designee.
Section 59-152-150. The First Steps board shall establish internal evaluation policies and procedures for local partnerships and developing partnerships for an annual review of the functioning of the partnership, implementation of strategies, and progress toward the interim goals and benchmarks as appropriate to the level of grant received. In instances where no progress has been made, the First Steps office shall provide targeted assistance and the First Steps board may terminate the grant. In addition, a program evaluation of the statewide and local First Steps to School Readiness must be conducted every three years by an independent, external evaluator under contract with the First Steps board; however, the selected evaluator shall be approved, and the evaluation overseen, by a committee consisting of three members, one appointed by the First Steps board, one appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House and these committee members must be professionally recognized as proficient in child development, early childhood education, or a closely related field. Local partnerships must agree to participate in such an evaluation in order to receive a First Steps grant. Subsequent grant approval and grant allocations must be dependent, in part, on the results of the evaluations. If an evaluation finds no progress has been made in meeting local goals or implementing strategies as agreed to in the First Steps grant, the grant must be terminated.
The purpose of the evaluation is to assess progress toward achieving the First Steps goals and to determine the impact of the initiative on children and families at the state and local levels. The impact assessment shall include, but is not limited to, school readiness measures, benefits from child development services, immunization status, low birth-weight rates, parent literacy, parental involvement, and developmental screening results. Program evaluation reports must be reported to the General Assembly no later than three months after conclusion of the evaluation. All partnerships shall cooperate fully in collecting and providing data and information for the evaluation.
During the ninth year of the First Steps initiative, the Legislative Audit Council, using the cyclical evaluations as a basis, shall review the success and effectiveness of the initiative at the state and local levels and report to the General Assembly no later than January 1, 2009."
SECTION 3. Article 17, Chapter 7, Title 20 of the 1976 Code is amended to read:
Section 20-7-5010. There is established the Children's First Steps Trust Fund of South Carolina, an eleemosynary corporation, the resources of which shall stimulate oversee the South Carolina First Steps to School Readiness initiative, a broad range of innovative child abuse and neglect prevention programs early childhood development and education, family support, health services, and prevention efforts to meet critical needs of South Carolina's children through the awarding of grants to private nonprofit organizations at the local level as provided for in Section 59-152-50. The trust fund shall may accept gifts, bequests, and grants from any person or foundation. The trust fund and grants from the fund shall supplement and augment, but not take the place of, services provided by state agencies. No state agency is eligible to receive funds under this article. The board of trustees for the trust fund shall carry out activities necessary to administer the fund including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants.
Section 20-7-5020. There is created the Board of Trustees for the Children's First Steps Trust Fund of South Carolina chaired by the Governor, who shall serve as an ex officio voting member of the board, or his designee. The board is composed of:
(1) nine fifteen members appointed by the Governor with the advice and consent of the Senate and shall include representatives of the following:
(a) parents of young children;
(b) the business community;
(c) the medical community;
(d) early childhood educators;
(e) child care and development providers; and
(f) First Steps partnership chairs, to be added when the first implementation/management grants are awarded;
(2) the State Superintendent of Education or his designee, as an ex officio voting member, who shall not serve as an officer of the board; and
(3) and the following ex officio nonvoting members:
(a) the Chairman of the Senate Education Committee or his designee;
(b) the Chairman of the House Education and Public Works Committee or his designee;
(c) the Director of the Department of Social Services or his designee;
(d) the Director of the Department of Health and Environmental Control or his designee;
(e) the Director of the Department of Health and Human Services or his designee;
(f) the Director of the Department of Mental Health or his designee;
(g) the Director of the Department of Disabilities and Special Needs or his designee; and
(h) the Director of the Department of Alcohol and Other Drug Abuse Services or his designee.
The Governor shall give consideration to recommendations for appointment made by the Joint Legislative Committee on Children. Of the members appointed by the Governor, one member must be appointed from each congressional district of the State, and three members must be appointed at large for the membership must be representative of all areas and regions of the State. The terms of the members are for four years and until successors are appointed and qualify, except members appointed from even-numbered congressional districts and one at-large member must be initially shall draw lots at the first meeting of the board to stagger the terms of office and determine one-half of the members to be appointed for terms of two years only. Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer. Members who miss more than three consecutive meetings without excuse or members who resign must be replaced by the Governor and shall serve until a successor is appointed or until the replaced member's term expires, whichever is earlier.
Three members must be knowledgeable in banking, finance, investments, tax laws, or business. Three members must be knowledgeable in the organization and administration of volunteer community services and grant administration. Three members must be knowledgeable in child development, child health, child psychology, education, juvenile delinquency, or other related field.
Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standards provided by law for boards, committees, and commissions.
A complete report of the activities of the trust fund must be made annually to the General Assembly and the State Auditor.
Section 20-7-5030. To carry out its assigned functions, the board is authorized, but not limited to:
(A)(1) assess the critical child abuse and neglect prevention needs of children in cooperation with state agencies, establish priorities, and develop goals and objectives for the Trust fund; develop the First Steps comprehensive, long-range initiative for improving early childhood development by providing, through public and private means through local projects, high-quality early childhood development and education services for children from the prenatal development period through age five and by providing support for their families;
(2) establish guidelines, policies, and procedures for implementing South Carolina First Steps to School Readiness;
(3) establish outcome measures and assess whether the services provided to children and families received through First Steps are meeting the goals and achieving the outcomes established for First Steps pursuant to Chapter 152, Title 59;
(4) assess and develop recommendations for ensuring coordination and increasing the efficiency and effectiveness of state programs and funding and other programs and funding sources, as allowable, as necessary to carry out the First Steps to School Readiness initiative, including additional fiscal strategies, redeployment of state resources, and development of new programs;
(5) establish the criteria for selection of First Steps partnerships and for the allocations for grants to the partnerships;
(6) select the First Steps partnerships and award the grants to the partnerships;
(7) provide for an information center for programs, grants, and technical assistance sources, contracting for the center and for technical assistance as needed;
(8) provide oversight on the implementation of First Steps at the state and local levels;
(9) report annually to the General Assembly by January first on activities and progress of First Steps, including recommendations for changes and legislative initiatives, and the results of the program evaluations;
(B)(10) receive gifts, bequests, and devises for deposit and investment into the trust fund and for awarding grants to private nonprofit organizations;
(C)(11) invest trust fund monies;
(D) solicit proposals for programs which will be aimed at meeting identified child abuse and neglect prevention needs;
(E) provide technical assistance to private, nonprofit organizations, when requested, in preparing proposals for submission to the Trust fund;
(F) establish criteria for awarding of grants for child abuse and neglect prevention which shall include the consideration of at least:
(1) the priority of the service need that the proposal addresses;
(2) the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives;
(3) a cost-benefit analysis of the project;
(4) the degree of community support for the proposal;
(5) the utilization of local resources including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not required;
(6) the qualifications of employees to be hired under the grant;
(7) the experience of the proposed project administrators in providing on- going accountability for the program.
(G) enter into contracts for the awarding of grants to private nonprofit organizations for child abuse and neglect prevention.
Section 20-7-5040. The board of trustees Governor may employ a director of the office of South Carolina First Steps to School Readiness and other staff as necessary to carry out the South Carolina First Steps to School Readiness initiative, established in Title 59, Chapter 152, and the duties and responsibilities assigned by the board. The director, with the approval of the board, shall hire such staff as is considered necessary to carry out the provisions of the initiative.
Section 20-7-5050. Until the Assets of the trust fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the Trust fund each year from contributions plus all earnings from the investment of monies of the Trust fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon the authorization of the board of trustees.
When the assets in the Trust fund exceed five million dollars, all credited earnings plus all future annual deposits to the Trust fund from contributions are available for disbursement upon the authorization of the board. At least six of the board members shall authorize the disbursement of funds and any other funds received by the board from private donations or appropriations from the General Assembly are subject to the provisions of Title 59, Chapter 152.
Section 20-7-5060. Funds from the receipt of contributions pursuant to Section 12-7-2416 12-6-5060 must be deposited in the trust fund for disbursement as prescribed by this article."
SECTION 4. The 1976 Code is amended by adding:
"Section 43-1-240. The State Department of Social Services in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels."
SECTION 5. The 1976 Code is amended by adding:
"Section 44-1-280. The Board and Department of Health and Environmental Control in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels."
SECTION 6. It is the intent of the General Assembly that state agencies involved in early child care and development and education and in health and support services to families with young children shall actively support the South Carolina First Steps to School Readiness initiative. In addition to those agencies answering directly to the Governor, those agencies headed by boards and commissions or constitutional officers shall use their resources to support, as appropriate, the goals of the First Steps initiative reflected in Section 59-152-20 and the long-term plans of the First Steps partnerships and to assure that relevant planning documents or processes are consistent with, and supportive of, the goals of the First Steps initiative and plans of the partnerships.
SECTION 7. Where the name of the Children's Trust Fund of South Carolina occurs in the 1976 Code or in any other provision of law, it must be construed to mean the Children's First Steps Trust Fund of South Carolina. The Code Commissioner shall change "Children's Trust Fund of South Carolina" to "Children's First Steps Trust Fund of South Carolina" in the 1976 Code as is practical and economically feasible.
SECTION 8. The provisions of Article 17, Chapter 7, Title 20 of the 1976 Code, amended in Section 3 of this act, that affect the designation of the Children's Trust Fund on state income tax forms apply to taxable years beginning after 1998.
SECTION 9. The terms of the members of the Board of Trustees of the Children's Trust Fund of South Carolina, provided for in Section 20-7-5020 of the 1976 Code prior to amendment by this act, expire on this act's effective date. Funds remaining in the Children's Trust Fund of South Carolina immediately prior to this act's effective date must be expended in accordance with the purposes provided for in Section 20-7-5010 of the 1976 Code prior to amendment by this act.
SECTION 10. This act takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. EASTERDAY raised a Point of Order that the Bill was out of order under Rule 4.4 in that the Bill appropriated money in its attempt to set up grants and therefore should be referred to the Ways and Means Committee.
Rep. COBB-HUNTER stated that the original Bill should have been referred to the Ways and Means Committee instead of the Education and Public Works Committee.
SPEAKER WILKINS stated that there was a similar 1998 Point of Order raised. He stated further that while the Bill would cost money, it did not directly appropriate it and therefore was not in violation of Rule 4.4. He overruled the Point of Order.
Rep. COBB-HUNTER continued speaking.
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:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin Mason McGee McKay Meacham Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith D. Smith R. Stille Stuart Taylor Townsend Tripp Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Davenport Delleney Emory Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Kirsh Knotts Lee Lloyd Lourie Mack Maddox McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sheheen Smith F. Smith J. Whatley Whipper Wilder Wilkes
So, the amendment was tabled.
Reps. MILLER and ALLISON proposed the following Amendment No. 6 (Doc Name \PSD\AMEND\7411AC99):
Amend the bill, as and if amended, Section 59-152-120, page 3620-9, by inserting before /Private/ on line 2 /However, the South Carolina First Steps to School Readiness Board of Trustees may adjust the percentage requirement for a county based on their capacity to provide that match./
Amend the bill further, as and if amended, in Section 20-7-6150, page 3620-14, line 9 by inserting (A) after /Section 20-7-6150./
Amend the bill further, as and if amended, Section 20-7-6150(A), page 3620-14, line 12, before /Of/ by inserting /Of the monies received in this fund, the First Steps to School Readiness Board of Trustees may allocate monies to local partnerships to meet the match required in Section 59-152-120 based on the local partnership's capacity to provide for the match./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MILLER explained the amendment.
Rep. MILLER continued speaking.
Rep. MILLER moved to adjourn debate on the amendment, which was agreed to.
Reps. J. SMITH and COBB-HUNTER proposed the following Amendment No. 8 (Doc Name GJK\AMEND\20622SD99), which was adopted.
Amend the report of the Committee on Education and Public Works, as and if amended, in Section 20-7-6120 of the 1976 Code, as contained on page 3620-11, by striking the first sentence and inserting /There is created the South Carolina First Steps to School Readiness Board of Trustees which must include the Superintendent of Education and must be chaired by the Governor who shall serve as ex officio voting members of the board./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. SMITH explained the amendment.
Rep. ALLISON moved to table the amendment.
Rep. J. SMITH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis Martin Mason McGee McKay Meacham Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith D. Smith R. Taylor Townsend Tripp Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Davenport Delleney Emory Gamble Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Kirsh Knotts Lee Lloyd Lourie Lucas Mack Maddox McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rutherford Scott Seithel Sheheen Smith F. Smith J. Stille Stuart Whatley Whipper Wilder Wilkes
So, the House refused to table the amendment.
Rep. WALKER spoke against the amendment.
Rep. TOWNSEND spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Davenport Delleney Emory Gamble Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Kirsh Knotts Lee Lloyd Lourie Lucas Mack Maddox McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rutherford Scott Seithel Sheheen Smith F. Smith J. Stille Stuart Whatley Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis Martin Mason McGee McKay Meacham Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith D. Smith R. Taylor Townsend Tripp Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was adopted.
Reps. QUINN, HASKINS, CATO, TRIPP and ROBINSON proposed the following Amendment No. 11 (Doc Name PSD\AMEND\7428AC99), which was tabled.
Amend the bill, as and if amended, Section 59-152-80, page 3620-8, immediately after line 12 by inserting:
/ (F) Any initiative within the county strategic plan to be implemented within a school district must be conducted only with approval of the district's local board of trustees. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
Rep. WALKER moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 12 (Doc Name PSD\AMEND\7433AC99), which was adopted.
Amend the bill, as and if amended, Section 59-152-100, page 3620-8, line 20, after / accountable / by inserting / to the South Carolina First Steps to School Readiness Board of Trustees/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 14 (Doc Name PSD\AMEND\7434AC99), which was rejected.
Amend the bill, as and if amended, Section 59-152-70(B), page 3620-6, line 21, by deleting / fifteen / and inserting / seven and one-half /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. WALKER moved to table the amendment.
Rep. ROBINSON demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Battle Bowers Breeland Brown G. Brown J. Canty Carnell Clyburn Cobb-Hunter Emory Gamble Gourdine Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Knotts Lee Lloyd Lourie Mack Maddox Martin McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Ott Parks Phillips Pinckney Rhoad Rodgers Rutherford Scott Smith F. Smith J. Stille Stuart Townsend Walker Webb Whipper Wilkes
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Beck Brown H. Brown T. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gilham Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Koon Law Leach Limehouse Littlejohn Loftis Lucas Mason McGee McKay Meacham Neilson Quinn Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith D. Smith R. Taylor Tripp Vaughn Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
Rep. WALKER spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Beck Brown H. Brown T. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Koon Law Leach Limehouse Loftis Lucas Mason McGee McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith D. Smith R. Taylor Tripp Vaughn Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Canty Carnell Clyburn Cobb-Hunter Emory Gamble Gilham Gourdine Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Knotts Lee Littlejohn Lloyd Lourie Mack Maddox Martin McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rodgers Rutherford Scott Smith F. Smith J. Stille Stuart Townsend Walker Webb Whatley Whipper Wilder Wilkes
So, the amendment was rejected.
Rep. FLEMING proposed the following Amendment No. 15 (Doc Name BBM\AMEND\9293SOM99), which was tabled.
Amend the committee report, as and if amended, Section 2, page (3620-8), in Section 59-152-110 by adding after the /./ on line 33:
/ Provided, however, a county first steps partnership is permitted to use any and all monies, funds, or grants it receives to reduce the student-teacher ratio in grades 1-3. /
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. WALKER moved to table the amendment, which was agreed to.
Rep. GILHAM proposed the following Amendment No. 16 (Doc Name BBM\AMEND\9295SOM99), which was tabled.
Amend the committee report, as and if amended, Section 2, page (3620-7), by striking the last sentence of subsection (B), beginning on line 4 and inserting:
/ The criteria shall include, but is not limited to, total population covered by the partnership and quality of any pre-existing needs assessment and/or strategic plans for that geographic area, and the percentage of school age children in that geographic area who receive free or reduced price lunches. /
Amend the report further, as and if amended, Section 2, page (3620-7) line 26, by striking /./ and inserting:
/, including the percentage of school age children who receive free or reduced price lunches. /
Amend title to conform.
Rep. GILHAM explained the amendment.
Rep. WALKER moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 17 (Doc Name PSD\AMEND\7435AC99), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 3620-1, line 34, after / Readiness /by inserting / Study /
Amend the bill further by deleting SECTION 2 of the bill in its entirety.
Amend the bill further by deleting SECTION 3 and inserting:
/ SECTION 3. Chapter 7, Title 20 of the 1976 Code is amended by adding:
Section 20-7-6101. There is established the South Carolina First Steps to School Readiness Board of Trustees which shall oversee the South Carolina First Steps to School Readiness initiative, a broad range of innovative early childhood development and education, family support, health services, and prevention efforts to meet critical needs of South Carolina's children through the awarding of grants to partnerships at the county level as provided for in Section 59-152-80. The board may accept gifts, bequests, and grants from any person or foundation. This fund, and grants from the fund, shall supplement and augment, but not take the place of, services provided by local, state, or federal agencies. The board of trustees shall carry out activities necessary to administer the fund including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants.
Section 20-7-6120. There is created the South Carolina First Steps to School Readiness Board of Trustees which must be chaired by the State Superintendent of Education, who shall serve as an ex officio voting member of the board. The board is composed of:
(1) eighteen members appointed in the following sectors, one each by the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives:
(a) parents;
(b) business community;
(c) medical community;
(d) early childhood educators;
(e) child care and development providers; and
(f) transportation.
(2) the chief executive officer of each of the following shall serve as an ex officio nonvoting member:
(a) Department of Social Services or his designee;
(b) Department of Health and Environmental Control or his designee;
(c) Department of Health and Human Services or his designee;
(d) Department of Mental Health or his designee;
(e) Department of Disabilities and Special Needs or his designee;
(f) Department of Alcohol and Other Drug Abuse Services or his designee;
(g) Department of Transportation or his designee; and
(h) Budget and Control Board, Division of Research and Statistics or his designee.
(3) the following organizations shall designate one member to serve as an ex officio non-voting member:
(a) South Carolina State Library;
(b) Transportation Association of South Carolina; and
(c) State Advisory Committee on the Regulation of Child Day Care Facilities.
The terms of the members are for four years and until their successors are appointed and qualify, except of those first appointed. When making the initial appointments, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall designate three of their six appointments to serve a two year term only. Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer. Members who miss more than three consecutive meetings without excuse or members who resign must be replaced in the same manner as their predecessor.
Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standards provided by law for boards, committees, and commissions.
A complete report of the activities of the South Carolina First Steps to School Readiness Board of Trustees must be made annually to the Governor, General Assembly, and the State Auditor.
Section 20-7-6130. Prior to the implementation of the First Steps to School Readiness initiative, and upon approval of the General Assembly, the South Carolina First Steps to School Readiness Board of Trustees shall conduct a study to assess the best procedures, programs, and services to carry out the requirements of Chapter 152, Title 59 and meet the goals and objectives. The board shall submit the results of its study and recommendations to the General Assembly before January 1, 2000. The study also shall address the best way in which to carry out and achieve the following:
(1) develop a comprehensive long range initiative for improving early childhood education development and increasing school readiness;
(2) provide oversight on the implementation of South Carolina First Steps to School Readiness initiative at the state and county levels;
(3) facilitate the efficient coordination and collaboration among service providers at both the state and county level;
(4) facilitate and direct the establishment of county first steps partnerships;
(5) oversee the creation and annual revision of state and county needs assessments;
(6) aid in the prioritization, implementation, and evaluation of each county first steps partnership's strategic plans based on needs assessments;
(7) ensure increased availability, accessibility, quality, and efficiency of activities and services within local communities as they relate to the goals of the South Carolina First Steps to School Readiness initiative;
(8) provide technical assistance, consultation services, and support to county first steps partnerships;
(9) establish results oriented measures and objectives and assess whether services provided by county first steps partnerships to children and families are meeting the goals and achieving the results established for the First Steps initiative pursuant to Chapter 152, Title 59;
(10) establish criteria and procedures for awarding State First Steps grants to county first steps partnerships; and
(11) ensure cooperation among county first steps partnerships in the identification, application, and disbursement of assets from other funding sources;
(12) report annually to the General Assembly by January first on activities and progress to include recommendations for changes and legislative initiatives and results of program evaluations;
(13) receive gifts, bequests, and devices to be used for State First Steps Grants to county first steps partnerships.
(14)
Section 20-7-6140. A separate fund must be established to accept nongovernmental grants, gifts, and donations from any public or private source for the South Carolina First Steps to School Readiness initiative. Of the monies received in this fund, each donor may designate a specific county to receive the funds. This money may be used to meet the local match required in Section 59-152-20. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The South Carolina First Steps to School Readiness Board of Trustees shall administer and authorize any disbursements from the fund. Private individuals and groups must be encouraged to contribute to this endeavor.
(B) In addition, a separate fund within the state general fund must be established for monies that may be appropriated by the General Assembly for the South Carolina First Steps to School Readiness initiative. These funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The South Carolina First Steps to school Readiness Board of Trustees shall administer and authorize any disbursements from the fund.
(C) All interest derived from the investment of the funds in subsections (A) and (B) shall remain a part of each respective fund./
Amend further by deleting SECTIONS 4, 5, 6, 7, and 8.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. ROBINSON moved that the House recede until 3:00 P.M., which was rejected by a division vote of 26 to 70.
Rep. ROBINSON spoke in favor of the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. ROBINSON demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown G. Brown H. Brown J. Brown T. Carnell Clyburn Cobb-Hunter Cotty Dantzler Delleney Emory Fleming Gamble Gilham Gourdine Harrell Harris Harvin Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kennedy Kirsh Knotts Koon Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Riser Rodgers Rutherford Sandifer Scott Seithel Sheheen Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Walker Webb Whatley Whipper Wilder Wilkes Wilkins
Those who voted in the negative are:
Allison Altman Campsen Cato Chellis Cooper Davenport Easterday Edge Hamilton Haskins Hawkins Kelley Klauber Law Leach Loftis Mason McGee Meacham Quinn Rice Robinson Simrill Smith D. Tripp Vaughn Witherspoon Woodrum Young-Brickell
So, the amendment was tabled.
Reps. MILLER and ALLISON proposed the following Amendment No. 18 (Doc Name\BBM\AMEND\9296AC99), which was adopted.
Amend the report, as and if amended, Section 59-152-120, page 3620-9, by inserting before /Private/ on line 2 /However, the South Carolina First Steps to School Readiness Board of Trustees may decrease the percentage requirement for a county based on their capacity to provide that match./
Amend the bill further, as and if amended, in Section 20-7-6150, page 3620-14, line 9 by inserting (A) after /Section 20-7-6150./
Amend the bill further, as and if amended, Section 20-7-6150(A), page 3620-14, line 12, before /Of/ by inserting /Of the monies received in this fund, the First Steps to School Readiness Board of Trustees may allocate monies to local partnerships to meet the match required in Section 59-152-120 based on the local partnership's capacity to provide for the match./
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. ALTMAN moved to table the amendment, which was rejected by a division vote of 49 to 57.
The amendment was then adopted.
Rep. QUINN proposed the following Amendment No. 19 (Doc Name PSD\AMEND\7428AC99), which was adopted.
Amend the bill, as and if amended, Section 59-152-80, page 3620-8, immediately after line 12 by inserting:
/ (F) Any part of the initiative within the county strategic plan using local district resources within a school district must be conducted only with approval of the district's local board of trustees. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. QUINN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Barfield Barrett Battle Beck Bowers Brown G. Brown H. Brown J. Brown T. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Fleming Gamble Gilham Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Maddox Martin Mason McGee McMahand Meacham Miller Ott Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith D. Smith R. Stille Taylor Townsend Tripp Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bales Breeland Carnell Clyburn Delleney Emory Harvin Hines J. Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack McCraw McLeod M. McLeod W. Moody-Lawrence Neal Neilson Parks Rutherford Sheheen Smith F. Smith J. Stuart Wilder Wilkes
So, the amendment was adopted.
Reps. Miller and Allison proposed the following Amendment No. 6 (Doc Name PSD\AMEND\7411AC99), which was tabled.
Amend the bill, as and if amended, Section 59-152-120, page 3620-9, by inserting before /Private/ on line 2 /However, the South Carolina First Steps to School Readiness Board of Trustees may adjust the percentage requirement for a county based on their capacity to provide that match./
Amend the bill further, as and if amended, in Section 20-7-6150, page 3620-14, line 9 by inserting (A) after /Section 20-7-6150./
Amend the bill further, as and if amended, Section 20-7-6150(A), page 3620-14, line 12, before /Of/ by inserting /Of the monies received in this fund, the First Steps to School Readiness Board of Trustees may allocate monies to local partnerships to meet the match required in Section 59-152-120 based on the local partnership's capacity to provide for the match./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MILLER moved to table the amendment, which was agreed to.
Rep. Robinson proposed the following Amendment No. 20 (Doc Name PSD\AMEND\7437AC99), which was tabled.
Amend the bill, as and if amended, Section 59-152-60(C), line 40, by inserting after the / . / No member of a county first steps partnership board may receive mileage, subsistence or per diem.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. KENNEDY moved cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Barfield Battle Bowers Breeland Brown G. Brown J. Brown T. Clyburn Cobb-Hunter Dantzler Emory Gamble Gourdine Govan Harris Harvin Hayes Hines J. Howard Inabinett Jennings Kennedy Kirsh Knotts Lloyd Lourie Mack Maddox Martin McCraw McLeod M. McLeod W. McMahand Miller Neal Neilson Parks Phillips Pinckney Rhoad Rutherford Scott Seithel Smith F. Smith J. Stuart Townsend Webb Whatley Whipper Wilder Witherspoon
Those who voted in the negative are:
Allison Altman Barrett Beck Brown H. Campsen Carnell Cato Chellis Cooper Cotty Davenport Delleney Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Klauber Koon Law Leach Lee Limehouse Littlejohn Loftis Lucas Mason McGee Meacham Ott Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith D. Smith R. Stille Taylor Tripp Wilkes Wilkins Woodrum Young-Brickell
So, cloture was not ordered.
Rep. ROBINSON continued speaking.
Rep. WALKER moved to table the amendment.
Rep. VAUGHN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown H. Brown J. Carnell Clyburn Cobb-Hunter Dantzler Delleney Emory Gamble Gourdine Govan Hamilton Harris Harvin Hayes Hines J. Hinson Howard Inabinett Jennings Kennedy Knotts Koon Lee Littlejohn Lloyd Lourie Mack Maddox Martin McCraw McLeod M. McLeod W. McMahand Miller Neal Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Seithel Sheheen Smith F. Smith J. Stille Stuart Townsend Walker Webb Whatley Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Beck Campsen Cato Chellis Cooper Cotty Davenport Easterday Edge Fleming Gilham Harrell Harrison Haskins Hawkins Kelley Kirsh Klauber Law Leach Limehouse Loftis Lucas Mason McGee Meacham Quinn Rice Riser Robinson Rodgers Sandifer Simrill Smith D. Smith R. Taylor Tripp Vaughn Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was tabled.
Rep. HARRELL proposed the following Amendment No. 21 (Doc Name BBM\AMEND\9297AC99), which was adopted.
Amend the bill, as and if amended, Section 59-152-70(B), page 3620-6, line 21, by deleting / fifteen / and inserting / eight/
Amend title to conform.
Rep. HARRELL explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. WOODRUM demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin Mason McGee Meacham Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith R. Taylor Townsend Tripp Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Battle Bowers Breeland Brown G. Brown J. Brown T. Carnell Clyburn Cobb-Hunter Delleney Emory Gamble Gourdine Harris Harvin Hayes Hines J. Howard Inabinett Jennings Kennedy Knotts Lee Lloyd Lourie Mack Maddox McCraw McLeod M. McLeod W. Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sheheen Smith F. Smith J. Stille Stuart Whatley Whipper Wilder Wilkes
So, the amendment was adopted.
Rep. EASTERDAY moved to commit the Bill to the Committee on Ways and Means.
Rep. FLEMING demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barrett Beck Campsen Cato Cooper Davenport Easterday Fleming Hamilton Haskins Hawkins Koon Leach Loftis Mason Rice Robinson Tripp Vaughn
Those who voted in the negative are:
Allen Allison Askins Bailey Bales Barfield Battle Bowers Brown G. Brown H. Brown J. Brown T. Carnell Chellis Clyburn Cobb-Hunter Cotty Dantzler Delleney Edge Emory Gamble Gilham Gourdine Govan Harrell Harris Harrison Harvin Hayes Hines J. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Law Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Riser Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to commit the Bill.
Rep. HAWKINS moved that the House recede until 3:30 P.M.
Rep. MCGEE demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Bowers Campsen Cato Chellis Cooper Delleney Easterday Edge Fleming Hamilton Haskins Hawkins Howard Kennedy Koon Law Littlejohn Loftis McGee Meacham Rhoad Rice Robinson Seithel Simrill Tripp Vaughn
Those who voted in the negative are:
Allen Allison Altman Askins Bailey Bales Barfield Battle Beck Breeland Brown G. Brown J. Brown T. Carnell Clyburn Cobb-Hunter Cotty Dantzler Davenport Emory Gamble Gilham Gourdine Govan Harrell Harris Harrison Harvin Hayes Hines J. Hinson Inabinett Jennings Keegan Kelley Kirsh Klauber Knotts Leach Lee Limehouse Lloyd Lourie Lucas Mack Maddox Martin Mason McCraw McLeod M. McLeod W. McMahand Miller Ott Parks Phillips Riser Rodgers Rutherford Sandifer Scott Sharpe Sheheen Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to recede.
Rep. ALTMAN spoke against the Bill.
Rep. HASKINS spoke against the Bill.
Rep. FLEMING spoke against the Bill.
Rep. F. SMITH spoke in favor of the Bill.
Rep. EASTERDAY spoke against the Bill.
Rep. EASTERDAY continued speaking.
Rep. VAUGHN spoke against the Bill.
Rep. FLEMING raised a Point of Order that the Bill was out of order in accordance with Code Section 4-9-55 in that a county cannot be bound by any general law which requires expenditure of funds unless the General Assembly has approved it by a two-thirds vote. He stated that the Bill required an expenditure of funds by the county.
SPEAKER WILKINS stated that the Bill did not require an expenditure of funds by the county and he overruled the Point of Order.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Bales Barfield Battle Bowers Breeland Brown G. Brown H. Brown J. Brown T. Carnell Chellis Clyburn Cobb-Hunter Cotty Dantzler Delleney Edge Emory Gamble Gilham Gourdine Govan Harrell Harris Harrison Harvin Hayes Hines J. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Law Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Riser Rodgers Rutherford Sandifer Scott Seithel Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Altman Barrett Beck Campsen Cato Cooper Davenport Easterday Fleming Hamilton Haskins Hawkins Koon Leach Loftis Mason Rice Robinson Sharpe Tripp Vaughn Woodrum
So, the Bill, as amended, was read the second time and ordered to third reading.
The following was received.
Columbia, S.C., April 28, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leventis, Jackson and Waldrep of the Committee of Conference on the part of the Senate on S. 27:
S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 28, 1999
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 3:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. TOWNSEND, the invitation was accepted.
Rep. HASKINS moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 3:00 P. M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R25, S. 240 (Word version)) -- Senators McConnell and Passailaigue: AN ACT TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE TO SEVEN MEMBERS AND TO CHANGE THE MANNER IN WHICH THE MEMBERS OF THE BOARD ARE APPOINTED.
(R26, S. 352 (Word version)) -- Senator Moore: AN ACT TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
(R27, S. 412 (Word version)) -- Senators Glover, Saleeby, Land, McGill and Leatherman: A JOINT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN FLORENCE, SOUTH CAROLINA, IN HONOR OF DR. MARTIN LUTHER KING, JR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
(R28, S. 448 (Word version)) -- Senator Drummond: AN ACT TO AMEND SECTION 72.37 J., PART IB, ACT 419 OF 1998, RELATING TO EXPENSE REIMBURSEMENTS FOR STATE EMPLOYEES USING A PERSONAL VEHICLE FOR OFFICIAL BUSINESS, SO AS TO REDUCE THE MILEAGE REIMBURSEMENT RATE FROM 32.5 CENTS TO 31 CENTS PER MILE IN ORDER TO CONFORM WITH A REDUCTION IN THE ALLOWABLE REIMBURSEMENT RATE PURSUANT TO FEDERAL REGULATION.
(R29, S. 463 (Word version)) -- Senators Martin and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT ALL CONTRACTOR LICENSES THAT EXPIRED DECEMBER 31, 1998, CONTINUE IN EFFECT UNTIL SEPTEMBER 1, 1999, AND TO PROVIDE WHAT STATUTORY REQUIREMENTS APPLY TO LICENSES RENEWED BETWEEN THOSE DATES.
(R30, S. 487 (Word version)) -- Senators Matthews and Hutto: AN ACT TO REVISE THE ELECTION DISTRICTS AND METHOD OF ELECTING THE MEMBERS OF THE BOARD OF TRUSTEES OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE MEMBERS OF THE BOARD AT A NONPARTISAN ELECTION AT SPECIFIED DATES; TO CHANGE THE MANNER FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS AND THE ORANGEBURG COUNTY BOARD OF TRUSTEES; AND TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE CONSOLIDATION OF THE SCHOOL DISTRICTS OF ORANGEBURG COUNTY, SO AS TO PROVIDE AN EXCEPTION FOR THE METHOD OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE AND DELETE PROVISIONS FOR FILLING VACANCIES.
(R31, S. 540 (Word version)) -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-147 SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO LET FOR BIDS ANY AUTOMOBILE LIABILITY REINSURANCE CONTRACT PURSUANT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, UNDER CERTAIN CIRCUMSTANCES.
(R32, S. 542 (Word version)) -- Senators McConnell and Passailaigue: AN ACT TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR TERMS USED IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO AMEND THE DEFINITION OF "INTANGIBLE PROPERTY" BY EXCLUDING TRADING STAMPS AND ELECTRONIC ENTRIES REPRESENTING TRADING STAMPS.
(R33, S. 604 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS, LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R34, S. 622 (Word version)) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 5, 1999, MISSED BY SIXTH AND SEVENTH GRADE STUDENTS OF GREER MIDDLE SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO THE LOSS OF HEAT IN THE BUILDING IS 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.
(R35, S. 629 (Word version)) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R36, S. 630 (Word version))- - Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCEPTABLE CREDITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2387, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R37, S. 706) -- Senators Holland and Leventis: AN ACT TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.
(R38, S. 733 (Word version)) -- Senators Bauer, Wilson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF SCHOOL DISTRICT FIVE OF RICHLAND AND LEXINGTON COUNTIES FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER 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.
(R39, H. 3040 (Word version)) -- Reps. Littlejohn, McKay, Rodgers and Barfield: AN ACT TO AMEND SECTION 56-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS TO OBTAIN A DRIVER'S LICENSE, SO AS TO PROVIDE THAT CERTAIN CITIZENS OF A FOREIGN JURISDICTION WHOSE LICENSING PROCEDURE IS AT LEAST AS STRICT AS THIS STATE'S WHO HAVE A VALID DRIVER'S LICENSE FROM THAT JURISDICTION MAY DRIVE IN THIS STATE FOR FIVE YEARS.
(R40, H. 3188 (Word version)) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: AN ACT TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS, SO AS TO REVISE THE MAXIMUM SPEED LIMIT FOR INTERSTATE HIGHWAYS, MULTILANE DIVIDED PRIMARY HIGHWAYS, AND UNPAVED ROADS, TO PROVIDE A MAXIMUM SPEED LIMIT FOR MANUFACTURED, MODULAR, OR MOBILE HOMES, AND TO PROVIDE THAT A LOCAL AUTHORITY MAY DETERMINE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS LESS THAN THIRTY MILES AN HOUR UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-1535, RELATING TO THE PROHIBITION AGAINST SPEEDING IN A HIGHWAY WORK ZONE, SO AS TO REVISE THE LANGUAGE ON SIGNS POSTED AT THE BEGINNING OF AN ACTIVE WORK ZONE WHICH INFORM MOTORISTS OF THE PENALTY FOR SPEEDING THROUGH A WORK ZONE; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT A LOCAL AUTHORITY MAY INCREASE THE SPEED LIMIT IN AN URBAN DISTRICT TO NOT MORE THAN SEVENTY MILES AN HOUR; BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF HIGHWAYS IN THE OFFICIALLY DESIGNATED NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND CHAPTER 23, TITLE 57, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 17 SO AS TO PROVIDE THE CRITERIA THAT THE DEPARTMENT OF TRANSPORTATION MUST USE WHEN CONDUCTING VEGETATION MANAGEMENT OF MEDIANS, ROADSIDES, AND INTERCHANGES ALONG THE INTERSTATE HIGHWAY SYSTEM; BY ADDING SECTION 56-1-2156 SO AS TO PROVIDE THAT A COMMERCIAL MOTOR VEHICLE DRIVER MAY NOT BE ASSESSED POINTS AGAINST HIS DRIVING RECORD FOR FAILING TO COMPLY WITH LANE RESTRICTIONS POSTED ON THE INTERSTATE HIGHWAY SYSTEM; TO REPEAL SECTION 56-5-1510 RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND THE FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR; AND TO REPEAL SECTION 57-3-175 RELATING TO THE MAXIMUM SPEED LIMIT FOR MOVING MOBILE HOMES ON A HIGHWAY.
(R41, H. 3261 (Word version)) -- Rep. Harrison: A JOINT RESOLUTION TO REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING EXCLUSIVE USE OF MARSH AND MARSHLANDS LOCATED AT OR NEAR THE NORTHEAST END OF SULLIVAN'S ISLAND TO DAVID TRUESDELL FOR USE AS A PLACE FOR PLANTING OYSTERS DURING THE PLEASURE OF THE LEGISLATURE; TO TERMINATE ANY TENANCY AT WILL REMAINING OR FLOWING FROM THIS RESOLUTION OF DECEMBER 19, 1843; AND TO ABOLISH ANY AND ALL RIGHTS OR INTERESTS IN THIS MARSH AND MARSHLANDS, OR THE USE THEREOF, CLAIMED BY ANY PERSON THAT IS DERIVED FROM THE RESOLUTION ENACTED DECEMBER 19, 1843, BY OR THROUGH DAVID TRUESDELL, HIS HEIRS OR ASSIGNS.
(R42, H. 3362 (Word version)) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE DARLINGTON COUNTY SCHOOL DISTRICT IN DARLINGTON COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE 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.
(R43, H. 3415 (Word version)) -- Reps. Bailey, Walker and Sandifer: AN ACT TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
(R44, H. 3429 (Word version)) -- Reps. Lanford, Hawkins, Wilder, Walker, Allison, Lee, Davenport, D. Smith, Vaughn and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 4 AND MARCH 9, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY AND THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS AND THE SCHOOL DAYS OF JANUARY 5 AND 8, 1999, MISSED BY STUDENTS OF MAYO ELEMENTARY SCHOOL IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO A POWER OUTAGE AND MECHANICAL FIRE 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.
(R45, H. 3598 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO COMPRESSED GAS TANKS/CYLINDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2320, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R46, H. 3599 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE LIVESTOCK POULTRY HEALTH DIVISION, RELATING TO ANIMAL PROTEINS PROHIBITED IN RUMINANT FEEDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2324, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R47, H. 3600 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO TROPICAL SODA APPLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2359, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R48, H. 3601 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK-POULTRY HEALTH COMMISSION, RELATING TO MEAT AND POULTRY ESTABLISHMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2318, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R49, H. 3650 (Word version)) -- Reps. Clyburn and M. Hines: AN ACT TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE COMPENSATION.
(R50, H. 3661 (Word version)) -- Rep. Howard: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND WEATHER 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.
(R51, H. 3685 (Word version)) -- Reps. Harvin, Barfield, G. Brown, J. Brown, Canty, Dantzler, Gourdine, J. Hines, Hinson, Law, M. McLeod, Ott and Woodrum: AN ACT TO AMEND SECTION 51-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SANTEE COOPER COUNTIES PROMOTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO BORROW MONEY.
(R52, H. 3712 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO GOVERNMENT RESTRUCTURING AMENDMENTS AND RECERTIFICATION OF EXISTING BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2384, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R53, H. 3725 (Word version)) -- Reps. Breeland, Altman, Bailey, Campsen, Chellis, Dantzler, Gourdine, Harrell, Hinson, Inabinett, Limehouse, Mack, Whatley, Whipper and Young-Brickell: AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO EXTEND THE DOWNSTREAM ASHLEY RIVER SCENIC RIVER DESIGNATION TO THE HIGHWAY 526 BRIDGE.
(R54, H. 3742 (Word version)) -- Rep. Phillips: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON MARCH 9, 1999, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW IS 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.
(R55, H. 3919 (Word version)) -- Reps. Vaughn, Allison, F. Smith, Cato, Davenport, Easterday, Hamilton, Haskins, Hawkins, Lanford, Leach, Lee, Littlejohn, Loftis, McMahand, Rice, D. Smith, Tripp, Walker and Wilkins: AN ACT TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD TWO NEW AREAS TO THE TERRITORY OF THE AUTHORITY.
The Senate returned to the House with concurrence the following:
H. 3978 (Word version) -- Reps. Carnell, W. McLeod, Wilkins, Klauber, Parks and Stille: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 34 AT THE LAKE GREENWOOD DAM OVER THE SALUDA RIVER AT THE GREENWOOD COUNTY - NEWBERRY COUNTY LINE THE "HOLLY SELF DRUMMOND BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
H. 3985 (Word version) -- Reps. Hayes and Hinson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. BILLY G. BAKER OF BERKELY COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO HIGH SCHOOL ATHLETICS AS EDITOR AND PUBLISHER OF HIGH SCHOOL SPORTS REPORT.
H. 3986 (Word version) -- Reps. Parks, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, 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, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MT. HERMAN BAPTIST CHURCH OF GREENWOOD COUNTY UPON THE CELEBRATION OF ITS ONE HUNDRED ELEVENTH ANNIVERSARY.
H. 3987 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, 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, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING MR. C. DAVID WARREN OF RICHLAND COUNTY FOR HIS TWENTY YEARS OF OUTSTANDING SERVICE AS DIRECTOR OF THE RICHLAND COUNTY PUBLIC LIBRARY, AND RECOGNIZING THE RICHLAND COUNTY PUBLIC LIBRARY ON BEING RANKED AS ONE OF THE BEST LIBRARY SYSTEMS IN THE NATION.
H. 3990 (Word version) -- Reps. G. Brown, J. Hines and Neilson: A CONCURRENT RESOLUTION RECOGNIZING THE LEGACY OF THE LATE ROBERT C. "BOB" SCOTT, JR., OF FLORENCE AND EDISTO ISLAND AND HIS INVALUABLE CONTRIBUTIONS TO THE PEOPLE OF SOUTH CAROLINA THROUGH HIS DEDICATED ADVOCACY FOR PUBLIC EDUCATION.
H. 4002 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO COMMEND DR. ANDREW J. CHISHOM OF RICHLAND COUNTY FOR HIS MANY YEARS OF OUTSTANDING SERVICE IN THE FIELD OF CRIMINAL JUSTICE.
H. 4006 (Word version) -- Reps. F. Smith, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, 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, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND MR. TRUMAN HUMBERT OF GREENVILLE COUNTY FOR HIS MORE THAN TEN YEARS OF OUTSTANDING SERVICE AS A SUCCESSFUL FORENSICS COACH UPON HIS RETIREMENT AS A TEACHER AT SOUTHSIDE HIGH SCHOOL.
At 3:30 P.M. the House in accordance with the motion of Rep. RODGERS adjourned in memory of Elizabeth Parker Goldsboro of Beaufort, to meet at 10:00 A.M. tomorrow.
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