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113th Session, 1999-2000 Journal of the House of Representatives
(Statewide Session)
The House assembled at 10:00 a.m. Enable us, Lord, to never take our eyes off the paths You would have us to go. Cause us to see each day as a new page upon which we write. Give to us a simple childlike faith, assured that the future is as secure as the promises of God. When we are wrong, make us easy to change; when we are right, make us easy to get along with. Keep us steadfast in our discipleship lest we build our lives on sand, rather than upon Him who is the Rock of Ages. We pray in praise and thanksgiving. Amen. Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER. After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. CARNELL moved that when the House adjourns, it adjourn in memory of Dr. Don L. Peoples of Ware Shoals, which was agreed to.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 494 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO INSULIN DEPENDENT DIABETICS. Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.
The following was introduced: H. 4589 (Word version) -- Reps. Perry, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION HONORING THE MEMORY OF THE HONORABLE CARL WOODLEY LITTLEJOHN, JR., OF AIKEN COUNTY AND EXTENDING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HIS FAMILY AND COUNTLESS FRIENDS.
Whereas, the members of the General Assembly are deeply saddened to learn of the death of The Honorable Carl Woodley Littlejohn, Jr., on Thursday, January 27, 2000, at the age of seventy-five; and Whereas, Carl Littlejohn attended Wofford College and received his LL.B. Degree from the University of South Carolina in 1953. While a student at the University of South Carolina's Law School, he was Editor-In-Chief of the South Carolina Law Quarterly in 1952, and in Who's Who Among Students in American Universities and Colleges in 1952-1953; and Whereas, he served his country with honor in the United States Army Air Corps during World War II and was a life member of the American Legion; and Whereas, former Representative Littlejohn was an attorney and served as the Corporate Secretary for the Graniteville Company; and Whereas, he was a member of St. Paul's Lutheran Church in Aiken, and was a founding member of Helping Hands of Aiken. He was President of the Aiken Chamber of Commerce, 1972-1973; Past President of the Sertoma Club, 1974-1975; and was currently on the Board of Directors of Gregg Graniteville. He was also involved with the American Red Cross, Boy Scouts of America, Toastmasters, and the National Exchange Club; and Whereas, Carl Littlejohn received numerous awards including the Order of the Palmetto in 1981 and the Luther Gold Citizen Award; and Whereas, he was married to the late Ruth Rogers Littlejohn and is survived by: two sons, Robin E. Littlejohn of Aiken and Roger W. and Nikki Littlejohn of North Augusta; twin daughters, Carla R. Littlejohn of Aiken and Cheryl L. and Paul D. Williams of Aiken; and four grandchildren, Carl D. Williams, Christina R. Williams, Roger W. Littlejohn, Jr., and Jason P. Williams; and Whereas, Carl Littlejohn tirelessly contributed his time, talents, and energy to numerous causes for the betterment of his community; and Whereas, this dear and caring man will be sorely missed by all whose lives touched his. Now, therefore, Be it resolved by the House of Representatives, the Senate concurring: That the members of the General Assembly of the State of South Carolina, by this resolution, honor the memory of The Honorable Carl Woodley Littlejohn, Jr., of Aiken County and extend their deepest sympathy to his family and countless friends. Be it further resolved that a copy of this resolution be forwarded to the family of The Honorable Carl Woodley Littlejohn, Jr. The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. SANDIFER, with unanimous consent, the following was taken up for immediate consideration: H. 4590 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SENECA HIGH SCHOOL "LADY CATS" SOFTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, FEBRUARY 16, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1999 CLASS AAA STATE SOFTBALL CHAMPIONSHIP. Be it resolved by the House of Representatives: That the privilege of the floor of the South Carolina House of Representatives is extended to the Seneca High School "Lady Cats" Softball Team, coaches, and other school officials on Wednesday, February 16, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1999 Class AAA State Softball Championship. The Resolution was adopted.
The Senate sent to the House the following: S. 1133 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION CONGRATULATING THE BATESBURG-LEESVILLE HIGH SCHOOL PANTHERS ON WINNING THE 1999 CLASS AA STATE CHAMPIONSHIP IN FOOTBALL. The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4591 (Word version) -- Reps. Hawkins and Klauber: A BILL TO AMEND SECTION 56-1-2070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST AND EXCEPTIONS TO THE PROVISIONS RELATING TO THE DRIVING OF A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH CERTAIN MILITARY PERSONNEL MAY OPERATE A GOVERNMENT-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE THAT CERTAIN MILITARY PERSONNEL MAY OPERATE A STATE-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER'S LICENSE.
S. 354 (Word version) -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS DEBT RECOVERY ACT OF 1999", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED JUDGMENTS AGAINST ANOTHER PERSON FOR A COMMERCIAL DEBT A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO AMEND SECTION 37-5-104, RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR CERTAIN CONSUMER DEBTS, SO AS TO PERMIT GARNISHMENT FOR COMMERCIAL DEBTS AS DEFINED IN CHAPTER 42 OF TITLE 15 ABOVE.
S. 929 (Word version) -- Senators Courson, Wilson, Passailaigue, Setzler, Reese, Grooms, Hayes, Branton, Rankin and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-675 SO AS TO PROVIDE THAT STATE AGENCIES OR DEPARTMENTS HAVING EMPLOYEES LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR BECAUSE OF EXTREME WEATHER OR OTHER EMERGENCY CONDITIONS MAY NOT REQUIRE THOSE EMPLOYEES TO MAKE UP TIME LOST FROM WORK, TO PROVIDE THAT EMPLOYEES OF THE STATE OF SOUTH CAROLINA LOCATED WITHIN THOSE COUNTIES WHOSE PLACE OF EMPLOYMENT IS CLOSED BY THE GOVERNOR AS A RESULT OF EXTREME WEATHER OR OTHER EMERGENCY CONDITIONS ARE NOT REQUIRED UNDER THE HAZARDOUS WEATHER POLICY TO MAKE UP TIME LOST FROM WORK, AND TO PROVIDE FOR COMPENSATORY TIME FOR CERTAIN EMPLOYEES.
S. 936 (Word version) -- Senators Cork and Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO ADD SUN CITY 2 AND SUN CITY 3 TO THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE NEW PRECINCTS ARE DELINEATED.
S. 997 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO DEFINE, AMONG OTHER TERMS, "AFTER-MARKET CRASH PART" AND "CRASH PART"; AND BY ADDING SECTIONS 38-77-246 THROUGH 38-77-256 SO AS TO PRESCRIBE THE CONDITIONS UNDER WHICH AN INSURER MAY REQUIRE THE USE OF AFTER-MARKET CRASH PARTS IN VEHICLE REPAIR, TO REQUIRE DISCLOSURE OF THE REQUIRED USE OF SUCH PARTS, AND TO PROVIDE PENALTIES.
S. 1008 (Word version) -- Senators Holland and Hutto: A BILL TO AMEND SECTION 56-1-460 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELLED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
S. 1108 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO SETTLEMENT BY AGREEMENT AND FINAL RELEASE AND RELATING TO REPORTING ATTORNEYS' FEES FOR APPROVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. HARRELL, with unanimous consent, the following was taken up for immediate consideration: H. 4592 (Word version) -- Rep. Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE REPRESENTATIVES OF THE COLLEGE OF CHARLESTON ON THURSDAY, FEBRUARY 10, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED BY THE MEMBERS OF THE HOUSE OF REPRESENTATIVES.
Be it resolved by the House of Representatives: The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows: Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Canty Carnell Cato Clyburn Cobb-Hunter Cooper Dantzler Delleney Easterday Edge Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, February 10. Lewis Vaughn Eldridge Emory Converse Chellis Kenneth Kennedy Chuck Allen J. Cordell Maddox Joseph Neal Douglas Jennings Ralph Davenport James Smith Becky Martin Leon Howard Richard Quinn Jackson Whipper Lynn Seithel John Hawkins Bessie Moody-Lawrence LEAVE OF ABSENCE The SPEAKER granted Rep. LANFORD a leave of absence due to medical reasons.
The SPEAKER granted Rep. COTTY a leave of absence due to appearing in court.
The SPEAKER granted Rep. ASKINS a leave of absence for the day.
Announcement was made that Dr. J. Capers Hiott of Sumter is the Doctor of the Day for the General Assembly.
Rep. STUART and the Lexington Delegation presented to the House the Swansea High School Tiger Marching Band, the 1999 Class AA Champions, and their directors.
Rep. HARRELL and the Charleston Delegation presented to the House representatives of the College of Charleston commending the baccalaurete programs in natural sciences for their achievement and progress in pursuing academic excellence.
In accordance with House Rule 5.2 below:
Bill Number: H. 4280 (Word version)
Bill Number: H. 4297 (Word version)
Bill Number: H. 4306 (Word version)
Bill Number: H. 4470 (Word version)
The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day due to family medical reasons.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate: H. 4524 (Word version) -- Rep. Easterday: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENVILLE COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL. H. 4327 (Word version) -- Reps. Lucas, Harris and Neilson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF ANY SCHOOL OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND THE FLOODING THAT FOLLOWED ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP. H. 3889 (Word version) -- Rep. Edge: A BILL TO AMEND CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIMESHARING PLANS, BY ADDING ARTICLE 3, SO AS TO PROVIDE PROCEDURES FOR THE FORECLOSURE OF LIENS ON TIMESHARE ESTATES; AND TO DESIGNATE SECTIONS 27-32-10 THROUGH 27-32-250 AS ARTICLE 1, CHAPTER 32, TITLE 27, ENTITLED "VACATION TIME SHARING PLANS".
The following Bill was taken up: H. 4568 (Word version) -- Reps. Klauber and Carnell: A BILL TO PROVIDE THAT WHERE THE POLLING PLACE OF A VOTING PRECINCT IS LOCATED WITHIN A SCHOOL IN GREENWOOD COUNTY, NO CHARGE MAY BE MADE FOR THE USE OF THAT POLLING PLACE DURING A GENERAL, SPECIAL, OR PRIMARY ELECTION OR REFERENDUM OF ANY TYPE WHETHER BINDING OR ADVISORY. Rep. PARKS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Carnell Klauber
Those who voted in the negative are:
So, the Bill was read the third time and ordered sent to the Senate.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading: H. 4581 (Word version) -- Reps. Neilson, J. Hines and Lucas: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE DARLINGTON COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 4581 be read the third time tomorrow.
Rep. M. HINES moved to adjourn debate upon the following Bill until Monday, March 27, which was adopted: S. 1034 (Word version) -- Senators Leatherman, Glover, Elliott, Land, McGill and Saleeby: A BILL TO AMEND SECTION 7-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO COMBINE THE BACK SWAMP AND QUINBY PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
The following Bill was taken up: S. 418 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSCRIBER CHARGES FOR E-911 SERVICES, SO AS TO ESTABLISH THE AMOUNT OF THE LEVY FOR EACH CMRS CONNECTION AT THE SAME RATE AS THE AVERAGE MONTHLY LOCAL EXCHANGE ACCESS FACILITY 911 CHARGE, AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REVISE THE RESPONSIBILITIES OF THE COMMITTEE AND TO DELETE THE COMMITTEE'S SCHEDULED TERMINATION DATE OF AUGUST 1, 2001.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The following Bill was taken up: H. 4271 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 56-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, RENTAL RATES, AND PERMITTED AND PROHIBITED CHARGES, SO AS, AMONG OTHER THINGS, TO ELIMINATE THE PROHIBITION UPON A RENTAL COMPANY OF CHARGING AN ADDITIONAL FEE AS A CONDITION OF RENTING, INCLUDING, BUT NOT LIMITED TO, FUEL SURCHARGES, TO ELIMINATE THE REQUIREMENT THAT THE MEANS OF AVOIDING AIRPORT SURCHARGES MUST BE DISCLOSED CLEARLY AND CONSPICUOUSLY IN ALL ADVERTISEMENTS OF A RENTAL RATE TO WHICH AIRPORT SURCHARGES MAY APPLY, AND TO PROVIDE THAT ONLY AIRPORT FEES THAT ARE REMITTED TO THE AIRPORT MANAGEMENT ARE PERMITTED TO BE SEPARATELY STATED AND COLLECTED.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The following Bill was taken up: S. 1020 (Word version) -- Senators Passailaigue, Saleeby, Hayes, Matthews, Patterson, McConnell, Ford, Reese and Courtney: A BILL TO AMEND SECTION 33-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO INCLUDE AS A FINANCIAL INSTITUTION A FEDERAL OR STATE AGENCY WHICH LENDS OR INVESTS FUNDS, TO DEFINE "LOAN CALL" AND "LOAN CALL AGREEMENT" AND REDEFINE "LOAN LIMITS", AND TO PROVIDE FOR A WRITTEN LOAN AGREEMENT BETWEEN A CORPORATION AND ITS MEMBERS RATHER THAN A STATUTORY LINE OF CREDIT; TO AMEND SECTION 33-37-70, AS AMENDED, RELATING TO TAXATION OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THE STATE TAX EXEMPTIONS ALSO FOR A SUBSIDIARY CORPORATION; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO POWERS OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THAT A BUSINESS DEVELOPMENT CORPORATION MAY NOT MORTGAGE OR ASSIGN ITS ASSETS EXCEPT ON A PRO RATA BASIS TO ALL PARTIES PROVIDING CREDIT, OTHER THAN FOR SHORT-TERM LOANS AND PURCHASE MONEY LOANS FOR THE ACQUISITION OF CERTAIN INDUSTRIAL AND BUSINESS ASSETS, TO PROVIDE FOR THE POWERS OF A BUSINESS DEVELOPMENT CORPORATION'S SUBSIDIARY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 33-37-450, AS AMENDED, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS, SO AS TO PROVIDE FOR DETERMINATION OF THE NUMBER OF ADDITIONAL VOTES OF A MEMBER BY ITS LOAN LIMIT PURSUANT TO THE LOAN CALL AGREEMENT; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE BUSINESS DEVELOPMENT CORPORATION, SO AS TO DELETE STATUTORY REQUIREMENTS FOR LINES OF CREDIT AND PROVIDE FOR LINES OF CREDIT PURSUANT TO MUTUAL AGREEMENT, DECREASE FROM TWENTY TO TEN PERCENT THE TOTAL AMOUNT A MEMBER MAY HAVE OUTSTANDING AT ANY ONE TIME ON LOANS TO THE CORPORATION, TO PROVIDE FOR REVOLVING LINES OF CREDIT AND LEAD LENDERS, AND TO DELETE THE AUTOMATIC INCREASE IN LINES OF CREDIT OF MERGING ENTITIES; AND BY ADDING SECTION 33-37-465 SO AS TO PROVIDE FOR THE MAKING AND SECURING OF SHORT-TERM LOANS TO THE CORPORATION BY A MEMBER.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The following Bill was taken up: H. 4311 (Word version) -- Reps. Sandifer and Emory: A BILL TO AMEND SECTIONS 36-9-301 AND 36-9-312, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN COLLATERAL OTHER THAN INVENTORY, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The following Bill was taken up: H. 4337 (Word version) -- Reps. Wilkins, Quinn, Cato, Haskins, Loftis, Tripp, Vaughn and Riser: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM NOT LESS THAN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE A BOND OR GUARANTEE TO ACCOMPANY THE PETITION TO BE USED TO REIMBURSE THE COUNTY UNDER CERTAIN CONDITIONS, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED NOT LESS THAN NINETY DAYS AND NOT MORE THAN ONE HUNDRED TWENTY DAYS FROM THE DATE THE PETITION IS CERTIFIED, OR AT THE NEXT GENERAL ELECTION WHICHEVER IS SOONER.
Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The following Bill was taken up: S. 60 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND JEFFERSON DAVIS' BIRTHDAY AS HOLIDAYS; AND TO MAKE GENERAL ELECTION DAY AN OPTIONAL, RATHER THAN REGULAR, HOLIDAY.
Rep. TROTTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The following Bill was taken up: S. 120 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND ATTORNEY'S FEES.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The following Joint Resolution was taken up: H. 4582 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO TERRITORY AND CERTIFICATES OF SEWERAGE UTILITIES AND WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
Rep. KNOTTS, with unanimous consent, asked that the House stand in silent prayer in memory of Albert Sturkie, father of former Representative C. Lenoir Sturkie of Lexington.
The following Concurrent Resolution was taken up: S. 1071 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 176 FROM S.C. 202 TO S.C. 213 IN NEWBERRY COUNTY AS THE "WILLIAM BLEASE LATTIMORE, SR. MEMORIAL HIGHWAY". Rep. W. MCLEOD moved to adjourn debate on the Resolution until Thursday, February 17, which was agreed to.
The motion period was dispensed with on motion of Rep. TROTTER.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1: H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, Kirsh, McGee and Meacham-Richardson: A BILL TO AMEND SECTION 59-40-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS AND THE ADMISSION OF STUDENTS TO CHARTER SCHOOLS, SO AS TO PROVIDE THAT STATE FORMULA FUNDING FOR A CHARTER SCHOOL SHALL BE COMPUTED WITHOUT REGARD TO THE RACIAL COMPOSITION OF THE CHILDREN ELIGIBLE TO ATTEND THE SCHOOL AND TO DELETE A REQUIREMENT THAT CHARTER SCHOOL ENROLLMENT MAY NOT DIFFER FROM THE RACIAL COMPOSITION OF THE SCHOOL DISTRICT BY MORE THAN TEN PERCENT.
The Education And Public Works Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20948SD00), which was adopted:
Charter Schools
Section 59-40-10. This chapter Section 59-40-20. This chapter is enacted to: (1) improve student learning; (2) increase learning opportunities for students; (3) encourage the use of a variety of productive teaching methods; (4) establish new forms of accountability for schools; (5) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and (6) assist South Carolina in reaching academic excellence. Section 59-40-30. In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities is actively pursued, and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education. Section 59-40-40. As used in this chapter: (1) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school which operates within a public school district, but is accountable to the local school board of trustees of that district, which grants its charter. (2) A charter school: (a) is considered a public school and part of the school district in which it is located for the purposes of state law and the state constitution; (b) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
(c) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected (d) shall not charge tuition or other charges of any kind except as may be allowed by the sponsor.
(3) 'Applicant' means the person who desires to form a charter school and files the necessary application (4) 'Sponsor' means the local school board of trustees established as provided by law, from which the charter school applicant requested its charter, and which granted approval for the charter school's existence. (5) 'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualification outlined in Sections 59-27-10 and 59-25-115. (6) 'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school.
(7) 'Charter committee' means the governing body of a charter school Section 59-40-50. (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.
(B) A charter school (1) adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district; (2) meet, but may exceed, the same minimum student attendance requirements as are applied to public schools operating in the same district; (3) adhere to the same financial audits, audit procedures, and audit requirements as are applied to public schools operating in the same school district;
(4) be considered a school district for purposes of tort liability under South Carolina law, except that the tort immunity
(5) in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall hire in its discretion (6) hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified in the field of school administration;
(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the school board of trustees. The decision
(2) If a charter school suspends or expels a student, the school district
(3) The sponsor
Section 59-40-60. (A) An approved charter application constitutes an agreement, and the terms (B) The contract between the charter school and the sponsor shall reflect all agreements regarding the release of the charter school from local school district policies. (C) A material revision of the terms of the contract between the charter school and the approving board may be made only with the approval of both parties. (D) Except as provided in subsection (F), an applicant who wishes to form a charter school shall:
(1) organize the charter school as a nonprofit corporation (2) elect a charter committee for the charter school which includes one or more teachers;
(3) submit a written charter school application to the local school board of trustees for the school district in which the charter school
(E) A charter committee (1) submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law; (2) employ and contract with teachers and nonteaching employees, contract for other services, and develop pay scales, performance criteria, and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers as provided by law before they may teach in the charter school; and (3) decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.
(F) The charter school application shall be a proposed contract and
(1) the mission statement of the charter school, which must be consistent with the principles of the General Assembly's purposes (2) the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter school's admission policies and procedures;
(3) evidence that an adequate number of parents, teachers, pupils, or any combination (4) a description of the charter school's educational program, pupil achievement standards, and curriculum, which must meet or exceed any content standards adopted by the school district in which the charter school is located and must be designed to enable each pupil to achieve these standards;
(5) a description of the charter school's plan for evaluating pupil achievement and progress toward accomplishment of the school's achievement standards in addition to state assessments, the timeline for meeting these standards, and the procedures for taking corrective action (6) evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted; (7) a description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school;
(8) (9) a description of how the charter school plans to meet the transportation needs of its pupils;
(10) a description of the building, facilities, and equipment and how they
(11) an explanation of the relationship that
(12) a description of a reasonable grievance and termination procedure as required by this chapter, including notice and a hearing before the governing body of the charter school. The application
(13) a description of student rights and responsibilities, including behavior and discipline standards, and a reasonable hearing procedure, including notice and a hearing before the board of directors of the charter school
(14) an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school (15) a description of the types and amounts of insurance coverage to be obtained by the charter school.
Section 59-40-70. (A) The local school board may establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. If the local school district or board (B) After giving reasonable public notice, the local school board shall hold community meetings in the affected areas or the entire school district to obtain information to assist it in their decision to grant a charter school application. The local school board shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within ninety days after receiving the application. If there is no ruling within ninety days, the application is considered approved.
(C) A local school board of trustees shall (D) If the local school board of trustees denies a charter school application, the charter applicant may amend its application to conform with the reasons for denial and reapply to the local board, which has thirty days to approve or deny the application, or may appeal the denial to the State Board of Education pursuant to Section 59-40-90.
(E) If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which
Section 59-40-80. A local school board (B) A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees with a notice of appeal within ten days of the local board's decision.
(C) If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process
(1) within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm, reverse, or remand the application for action by the local board in accordance with an order of the state board. If the state board remands the application, it shall do so with written instructions for reconsideration. Both the applicant and the local school board shall have the opportunity to communicate with the State Board of Education regarding the written instructions. These instructions (2) within thirty days following the remand of a decision to the local board of trustees and with reasonable public notice, the local school board of trustees, at a public hearing, shall reconsider its decision and make a final decision. No further administrative appeal may be taken from this decision. However, any final decision of the local school board of trustees after remand from the state board or a final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.
Section 59-40-100. (A) An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. All parents or legal guardians of students enrolled in the school must be given the opportunity to vote on the conversion. The application (B) A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings. (C) All students enrolled in the school at the time of conversion must be given priority enrollment.
(D) Teachers and other employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district with the same compensation and benefits including any future increases
Section 59-40-110. (A) A charter may be approved or renewed for a period
(B) A charter renewal application (1) a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and
(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that
(C) A charter
(1) committed a material violation of the conditions, standards, or procedures (2) failed to meet or make reasonable progress toward pupil achievement standards identified in the charter application; (3) failed to meet generally accepted standards of fiscal management; or (4) violated any provision of law from which the charter school was not specifically exempted.
(D) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action
(E) The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days (F) A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.
Section 59-40-120. Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts
Section 59-40-130. (A) If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date (B) During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.
(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation
Section 59-40-140. (A) A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment (B) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. These amounts must be verified by the State Department of Education before the first disbursement of funds.
(C) Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them
(D) All services centrally or otherwise provided by the school district, if any, including
(E) All awards, grants, or gifts collected by a charter school
(F) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts or donation shall be (G) A charter school shall report to its sponsor and the Department of Education any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff. (H) The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense. (I) Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which are necessary or convenient to fulfill its purposes. (J) Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees. Section 59-40-145. A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence. If the student transfers to a charter school outside his district of residence, the school district where the child resides shall pay to the charter school where the child is transferring an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting pursuant to Section 59-20-40 of the Education Finance Act. The charter school where the child is transferring shall count the child for all funding sources, both state and federal. Section 59-40-150. (A) The Department of Education shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school. (B) At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school. (C) The department shall bear the cost of complying with this section. Section 59-40-160. (A) The State Board of Education shall compile evaluations of charter schools received from local school boards of trustees. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives. (B) The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter. (C) In preparing the report required by this section, the State Board of Education shall compare the academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.
Section 59-40-170. The Department of Education Section 59-40-180. The State Board of Education shall promulgate regulations necessary to implement the provisions of this chapter. Section 59-40-190. (A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds. (B) A sponsor is not liable for any of the debts of the charter school.
(C) A sponsor, members of the board of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose." The amendment was then adopted by a division vote of 50 to 26.
Rep. WALKER proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20963SD00), which was adopted:
Rep. WALKER explained the amendment.
Reps. RODGERS and GILHAM proposed the following Amendment No. 9 (Doc Name \NBD\AMEND\11740DW00):
Rep. RODGERS explained the amendment. Rep. HARRELL 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: Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Frye Gamble Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas McKay Meacham-Richardson Perry Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are: Allen Allison Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Emory Fleming Gilham Gourdine Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Kirsh Lee Lloyd Lourie Mack Maddox McCraw McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Rodgers Rutherford Scott Sheheen Smith, F. Smith, J. Stuart Walker Whipper Wilder Wilkes
So, the House refused to table the amendment. The question then recurred to the adoption of the amendment. Rep. HARRELL moved to adjourn debate on the amendment.
Rep. COBB-HUNTER moved to table the motion.
Those who voted in the affirmative are: Allen Allison Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Emory Gilham Gourdine Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Kirsh Lee Lloyd Lourie Mack McCraw McLeod, M. McMahand Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Rhoad Rodgers Rutherford Scott Sheheen Smith, F. Smith, J. Stuart Whipper Wilkes
Those who voted in the negative are: Altman Bales Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Maddox Martin McGee McKay McLeod, W. Meacham-Richardson Miller Perry Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the motion. The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 11 (Doc Name COUNCIL\PT\AMEND\1849DW00), which was tabled:
Rep. COBB-HUNTER explained 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 Bales Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Easterday Edge Fleming Frye Gamble Hamilton Harrell Harrison Haskins Hinson Huggins Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Neilson Perry Quinn Rice Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are: Allen Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Gilham Gourdine Govan Harris Harvin Hines, J. Hines, M. Hosey Howard Inabinett Jennings Keegan Kennedy Lee Lloyd Lourie Mack Maddox McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rhoad Rodgers Rutherford Scott Smith, F. Smith, J. Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 12 (Doc Name COUNCIL\BBM\AMEND\9225HTC00), which was tabled:
"(A)
(B) Reserved.
(C) Reserved. Rep. MOODY-LAWRENCE explained the amendment. Rep. TOWNSEND moved to table the amendment. Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allison Altman Barrett Brown, H. Campsen Carnell Cato Chellis Dantzler Davenport Easterday Fleming Frye Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are: Breeland Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Emory Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Inabinett Kennedy Lee Lloyd Mack Maddox McLeod, W. Miller Moody-Lawrence Neal, J.H. Pinckney Rutherford Smith, F. Smith, J. Whipper
So, the amendment was tabled. Rep. F. SMITH explained the amendment. Rep. TOWNSEND moved to table the amendment. Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Easterday Edge Frye Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Neilson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are: Allen Battle Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Emory Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack Maddox McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rhoad Rutherford Scott Sheheen Smith, F. Smith, J. Stuart Whipper Wilkes
So, the amendment was tabled. Rep. SANDIFER moved cloture on the entire matter. Rep. SANDIFER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Dantzler Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Hawkins Hinson Huggins Knotts Koon Law Leach Limehouse Littlejohn Loftis Maddox Martin McGee Meacham-Richardson Perry Phillips Quinn Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Taylor Townsend Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are: Allen Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Cooper Davenport Emory Gourdine Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Keegan Kennedy Kirsh Lee Lloyd Lourie Lucas Mack McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rhoad Robinson Rutherford Scott Sheheen Smith, F. Smith, J. Tripp Trotter Whipper Wilder Wilkes
So, cloture was not ordered.
Rep. COBB-HUNTER proposed the following Amendment No. 14 (Doc Name COUNCIL\NBD\AMEND\11742AC00), which was tabled: (1) a copy of the desegregation order and how their charter school will comply with the order;
(2) how they inform, advertise, and recruit from within the minority community. Rep. COBB-HUNTER explained the amendment.
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 Barfield Barrett Brown, H. Campsen Carnell Cato Chellis Cooper Dantzler Davenport Easterday Edge Frye Gamble Gilham Hamilton Harrell Harris Harrison Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Stille Stuart Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are: Allen Altman Battle Bowers Breeland Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Emory Govan Harvin Hayes Hines, J. Hines, M. Hosey Inabinett Jennings Kennedy Lee Lloyd Lourie McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rutherford Scott Smith, F. Smith, J. Whipper Wilkes
So, the amendment was tabled. Rep. ALTMAN moved that the House do now adjourn. Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allen Altman Breeland Carnell Cobb-Hunter Cooper Davenport Emory Harris Harvin Hayes Hines, J. Hines, M. Howard Kennedy Koon Lee Lloyd McLeod, W. McMahand Neal, J.H. Neal, J.M. Parks Pinckney Rutherford Scott Trotter Wilder Wilkes
Those who voted in the negative are: Allison Barfield Barrett Brown, H. Brown, J. Campsen Cato Chellis Dantzler Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Hawkins Hinson Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Leach Limehouse Loftis Lourie Lucas Martin McCraw McGee McLeod, M. Meacham-Richardson Miller Neilson Ott Perry Phillips Quinn Rice Riser Rodgers Sandifer Seithel Simrill Smith, R. Stille Stuart Townsend Tripp Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to adjourn.
Rep. HARRELL proposed the following Amendment No. 15 (Doc Name COUNCIL\NBD\AMEND\11749AC00), which was adopted:
Rep. HARRELL explained the amendment.
Rep. T. BROWN proposed the following Amendment No. 16 (Doc Name COUNCIL\NBD\AMEND\11743AC00), which was tabled: Rep. T. BROWN explained the amendment.
Rep. WALKER spoke against the amendment. Rep. WALKER moved to table the amendment. Rep. T. BROWN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrison Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are: Allen Battle Bowers Brown, G. Brown, T. Canty Clyburn Cobb-Hunter Emory Govan Harris Harvin Hayes Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rhoad Rutherford Scott Smith, J. Stuart Whipper
So, the amendment was tabled.
Rep. T. BROWN proposed the following Amendment No. 17 (Doc Name COUNCIL\NBD\AMEND\11746AC00), which was adopted:
Rep. T. BROWN explained the amendment.
Rep. T. BROWN proposed the following Amendment No. 18 (Doc Name COUNCIL\NBD\AMEND\11747SOM00), which was adopted:
Rep. T. BROWN explained the amendment.
Rep. T. BROWN proposed the following Amendment No. 20 (Doc Name COUNCIL\NBD\AMEND\11748SOM), which was tabled: Rep. WALKER moved to table the amendment. Rep. T. BROWN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allison Altman Bales Barfield Barrett Battle Brown, H. Campsen Carnell Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harris Harrison Hawkins Hayes Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Martin McCraw McGee Meacham-Richardson Ott Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are: Allen Breeland Brown, J. Brown, T. Harvin Hines, J. Hines, M. Hosey Howard Inabinett Lee Lloyd Mack McLeod, M. McLeod, W. McMahand Moody-Lawrence Neal, J.H. Neilson Parks Pinckney Rutherford Scott Whipper Wilkes
So, the amendment was tabled.
Rep. T. BROWN proposed the following Amendment No. 21 (Doc Name COUNCIL\NBD\AMEND\11750SOM00), which was tabled: Rep. T. BROWN explained the amendment. Rep. WALKER moved to table the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 22 (Doc Name COUNCIL\PT\AMEND\1849DW00), which was tabled:
Rep. COBB-HUNTER explained the amendment. Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Altman Bales Barfield Barrett Brown, H. Campsen Carnell Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis Martin McCraw Meacham-Richardson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are: Allen Allison Battle Bowers Breeland Brown, G. Brown, J. Clyburn Cobb-Hunter Emory Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Lee Lloyd Lourie Lucas Mack McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rhoad Rutherford Scott Seithel Smith, F. Smith, J. Whipper
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 23 (Doc Name COUNCIL\PT\AMEND\1856DW00), which was tabled: Rep. COBB-HUNTER explained the amendment. Rep. WALKER moved to table the amendment. Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allen Allison Bales Barfield Barrett Brown, H. Campsen Carnell Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Leach Littlejohn Loftis Martin McCraw Meacham-Richardson Perry Phillips Quinn Rice Riser Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are: Battle Bowers Breeland Brown, G. Brown, J. Clyburn Cobb-Hunter Emory Gamble Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Lucas Mack Maddox McGee McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rhoad Rutherford Scott Smith, F. Smith, J. Stuart Whipper Wilkes
So, the amendment was tabled. Rep. HAYES moved cloture on the entire matter, which was agreed to. Rep. LITTLEJOHN moved that the House do now adjourn, which was agreed to. Further proceedings were interrupted by adjournment the pending question being consideration of amendments, cloture having been ordered.
The Senate returned to the House with concurrence the following: H. 4579 (Word version) -- Reps. Sharpe, Altman, Allison, Barrett, Battle, Cotty, Davenport, Emory, Inabinett, Kirsh, Leach, Littlejohn, Lucas, McCraw, M. McLeod, Miller, Moody-Lawrence, J. H. Neal, Rhoad, D. Smith, Vaughn, Walker, Webb, Wilkes and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR FFA ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 19-26, 2000.
At 12:45 p.m. the House, in accordance with the motion of Rep. CARNELL, adjourned in memory of Dr. Don L. Peoples of Ware Shoals, to meet at 10:00 a.m. tomorrow.
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