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:
We thank You, Heavenly Father, for the breath taking scenes of the world in which we live, all of which speak without question of the wise creation and the constant care of God. You show Yourself in the carpet of grass, in the lyric of the bird's song, in the color of the tininess flower, and in the leafy loveliness of the tree that lifts its arms to pray. Give us eyes open wide to see, and seeing to proclaim with the Psalmist: "The earth is the Lord's, and the fullness thereof; the world, and they that dwell therein." {Psalm 24:1). Give us the ability at all times to acknowledge Your goodness, to give thanks for Your blessings, and to serve You in willing obedience.
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. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3997 - Reps. Limehouse, G. Bailey and Wofford: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE SAW MILL BRANCH ROAD PROJECT BEGINNING IN BERKELEY COUNTY AND CONTINUING INTO DORCHESTER COUNTY, UPON ITS COMPLETION, THE BERLIN G. MYERS PARKWAY.
Ordered for consideration tomorrow.
Rep. J.W. JOHNSON, JR., from the Laurens Delegation, submitted a favorable report, on:
S. 691 -- Senator Bryan: A BILL TO AMEND ACT 879 OF 1966, AS AMENDED, RELATING TO THE LAURENS COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO PROVIDE THAT THE TEN RESIDENT ELECTORS COMPOSING THE COMMISSION MUST BE APPOINTED AT LARGE BY THE GOVERNOR.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3950 -- Rep. Fant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-120 SO AS TO EXTEND THE STATUTE OF LIMITATIONS FOR THE FILING OF CLAIMS AND SUITS AGAINST CORPORATIONS AND OTHER EMPLOYERS RELATING TO CLAIMS FILED WITH THE STATE HUMAN AFFAIRS COMMISSION.
Rep. WILKINS moved to waive Rule 5.12, which was agreed to by a division vote of 48 to 0.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, and Rep. CORNING, for the minority, submitted an unfavorable report, on:
S. 310 -- Senators Holland, Moore, Wilson and Mitchell: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO PROVIDE THAT HE SHALL REMOVE FROM THE ROSTER OF QUALIFIED VOTERS THE NAMES OF PERSONS WHO HAVE NOT VOTED IN THE LAST TWO GENERAL ELECTIONS IN WHICH PRESIDENTIAL ELECTIONS WERE HELD INSTEAD OF THE LAST TWO GENERAL ELECTIONS AND IN ELECTIONS BETWEEN THE TWO ELECTIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3811 -- Reps. Blackwell and Wilkins: A BILL TO AMEND SECTION 2-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PERMIT DESIGNEES OF EX OFFICIO MEMBERS OF THE COUNCIL TO SERVE IN PLACE OF THE EX OFFICIO MEMBERS; TO AMEND SECTION 2-15-50, RELATING TO THE DEFINITION OF "STATE AGENCY" AND "AUDIT", SO AS TO REVISE THE DEFINITION OF "AUDIT"; TO AMEND SECTION 2-16-60, RELATING TO THE DUTIES OF THE AUDIT COUNCIL, SO AS TO REVISE THESE DUTIES INCLUDING REVISION OF WHEN THE COUNCIL IS REQUIRED TO CONDUCT AN AUDIT; AND TO AMEND SECTION 2-15-100, RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL, SO AS TO REVISE THIS PRIORITY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3640 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION ON ATTORNEY FEES AND PERSONAL MONEY JUDGMENTS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 415 -- Senators Wilson, Lourie, Giese, Setzler and Rose: A BILL TO AMEND SECTION 5-7-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER STREETS AND HIGHWAYS IN MUNICIPALITIES, SO AS TO PROVIDE THAT ANY STREET OR HIGHWAY SERVING AS A BOUNDARY BETWEEN TWO MUNICIPALITIES IS UNDER THE POLICE JURISDICTION OF BOTH MUNICIPALITIES REGARDLESS OF THE MUNICIPALITY IN WHICH THE STREET OR HIGHWAY IS LOCATED.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 524 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENGAGING IN OPPRESSIVE CHILD LABOR PRACTICES AND EMPLOYING A CHILD IN VIOLATION OF A CHILD LABOR REGULATION, SO AS TO DELETE THE PROVISIONS SETTING FORTH CRIMINAL PENALTIES FOR THE OFFENSES AND PROVIDE FOR A WARNING AND FINE FOR AN EMPLOYER'S VIOLATION OF A CHILD LABOR REGULATION, DETERMINATION OF THE FINDINGS OF THE COMMISSIONER OF LABOR UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND THE FINE'S RECOVERY AND DEPOSIT.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 457 -- Senator Peeler: A BILL TO AMEND SECTIONS 40-33-10, AS AMENDED, 40-33-510, 40-33-930, 40-33-935, AS AMENDED, 40-33-940, AS AMENDED, AND 40-33-950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO DEFINE PRACTICE OF NURSING AND NURSING DIAGNOSIS, TO REGULATE THE PRACTICE OF REGISTERED NURSES, TO ESTABLISH STANDARDS FOR DISCIPLINE OF LICENSEES, TO PROVIDE THAT A VIOLATION OF CHAPTER 40 OR REGULATION OF THE STATE BOARD OF NURSING IS GROUNDS FOR DISCIPLINE, TO PROVIDE THAT A LAPSED LICENSE MAY NOT BE REINSTATED WITHOUT THE PERSON DEMONSTRATING NURSING COMPETENCE, TO PRESCRIBE RENEWAL QUALIFICATIONS, AND PROVIDE GROUNDS FOR DENIAL OF REINSTATEMENT OR DENIAL OF A LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-33-931 AND 40-33-941 SO AS TO PROVIDE FOR DISCIPLINE OF LICENSEES, TO PROVIDE FOR REINSTATEMENT OF LAPSED LICENSES, AND TO MAKE IT UNLAWFUL TO PRACTICE NURSING WHEN A LICENSE HAS LAPSED.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3789 -- Reps. J. Bailey, Rama and M.D. Burriss: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 99 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO TRAIN AND CERTIFY INDIVIDUALS TO ADMINISTER EPINEPHRINE IN TREATING PERSONS IN EMERGENCY SITUATIONS FOR INSECT STINGS AND TO ESTABLISH PROGRAMS AND PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS CHAPTER.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3760 -- Reps. P. Harris, Mattos, J. Harris and Carnell: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT THE COURT SHALL DETERMINE IF THERE IS PROBABLE CAUSE TO CONTINUE EMERGENCY DETENTION OF A PATIENT.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3724 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 43-5-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH AN APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE FOR THE SUBSTITUTION OF THE DEPARTMENT WHEN THERE IS AN ASSIGNMENT OF THE RIGHTS TO SUPPORT.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3672 -- Reps. T. Rogers and M.D. Burriss: A BILL TO AMEND SECTION 39-29-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORNMEAL, SO AS TO PROVIDE THAT ITS PROVISIONS APPLY TO CORN GRITS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3560 -- Reps. McGinnis, McAbee, Hayes, Lockemy and McKay: A JOINT RESOLUTION NAMING THE SOUTH CAROLINA NATIONAL GUARD COMPLEX ON BLUFF ROAD IN COLUMBIA THE "T. ESTON MARCHANT NATIONAL GUARD COMPLEX" IN HONOR OF SOUTH CAROLINA'S DISTINGUISHED ADJUTANT GENERAL, AND AUTHORIZING THE PLACING OF SIGNS OR MARKERS AND THE EXPENDITURE OF NECESSARY FUNDS FOR THE PURPOSE OF APPROPRIATELY IDENTIFYING THE COMPLEX.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, and Rep. WHIPPER, for the minority, submitted an unfavorable report, on:
H. 3742 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2395 SO AS TO PROVIDE THAT A CHILD MUST NOT BE PLACED IN FOSTER CARE WITH A HOMOSEXUAL OR A BISEXUAL; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO THE PERSONS WHO MAY PETITION THE COURT TO ADOPT A CHILD, SO AS TO EXCLUDE HOMOSEXUALS AND BISEXUALS.
Ordered for consideration tomorrow.
Rep. FOOTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3992 -- Reps. McEachin, McKay, Nettles and Glover: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RENAME A PORTION OF S.C. HIGHWAY 51 IN FLORENCE COUNTY THE HERBERT THOMAS FLOYD MEMORIAL HIGHWAY.
On motion of Rep. McEACHIN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 3992 -- Reps. McEachin, McKay, Nettles and Glover: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RENAME A PORTION OF S.C. HIGHWAY 51 IN FLORENCE COUNTY THE HERBERT THOMAS FLOYD MEMORIAL HIGHWAY.
Whereas, Mr. Herbert Thomas Floyd served as a magistrate in Florence County (Evergreen District) from 1928 to 1942; and
Whereas, Mr. Floyd served as a member of the House of Representatives from Florence County from 1945 to 1948; and
Whereas, he served as a member of the Florence County Council from February 1958 until his death in March 1974; and
Whereas, through his long and distinguished service to Florence County he has benefited everyone whose life he has touched. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That it is requested of the Department of Highways and Public Transportation to rename that portion of S.C. Highway 51 (Pamplico Highway) from Coles Crossroads to the Town of Evergreen in Florence County the Herbert Thomas Floyd Memorial Highway.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4030 -- Rep. Harvin: A CONCURRENT RESOLUTION DESIGNATING COLUMBUS DAY (THURSDAY, OCTOBER 12, 1989) AS THE SIXTH ANNUAL HISTORY DAY IN SOUTH CAROLINA; AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY AND THE CONFEDERATION OF SOUTH CAROLINA LOCAL HISTORICAL SOCIETIES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES AND THE SENATE CHAMBER ON THAT DAY, WITHOUT CHARGE, FOR AN APPROPRIATE CELEBRATION OF THIS IMPORTANT EVENT; REQUESTING STATE AND LOCAL LEADERS TO PROVIDE FOR THE PROPER OBSERVANCE OF THIS DAY; REQUESTING DR. CHARLIE G. WILLIAMS, STATE SUPERINTENDENT OF EDUCATION, TO NOTIFY ALL SCHOOL PRINCIPALS TO CALL ATTENTION TO HISTORY DAY; REQUESTING THE PRESIDENTS OF THE COLLEGES, UNIVERSITIES, AND TECHNICAL COLLEGES TO EMPHASIZE SOUTH CAROLINA HISTORY IN OBSERVANCE OF THIS DAY; AND EXTENDING SPECIAL THANKS TO DR. GEORGE L. VOGT, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY, AND THE STAFF OF THE DEPARTMENT'S PUBLIC PROGRAMS DIVISION FOR THEIR OUTSTANDING EFFORTS AIMED AT ESTABLISHING AND PROMOTING HISTORY DAY IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4031 -- Rep. Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. DAVID C. KING OF ANDERSON FOR HIS UNSELFISH AND TIRELESS COMMUNITY SERVICE AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS AS HE LEAVES ANDERSON TO PURSUE A CAREER OPPORTUNITY IN TOCCOA, GEORGIA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following wee introduced:
H. 4032 -- Reps. Kay, Townsend, P. Harris, Gentry, Hendricks, L. Martin, Mattos, Simpson, T.C. Alexander, McLellan, Chamblee, Cooper, Carnell, McAbee, J.W. Johnson, Stoddard, Wright, Derrick, Felder, Koon, Sharpe, Sturkie and J.C. Johnson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT ALTERNATIVE E AS A FIRST PRIORITY AND ALTERNATIVE A AS A SECOND PRIORITY AS CONTAINED IN A PRELIMINARY FINANCIAL FEASIBILITY STUDY FOR THE UPSTATE CORRIDOR AND, IF FEASIBLE, TO REQUEST THAT ALTERNATIVES A AND E BE IMMEDIATELY AND CONCURRENTLY IMPLEMENTED.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. L. MARTIN, with unanimous consent, the following was taken up for immediate consideration:
H. 4033 -- Reps. L. Martin, Carnell, Moss, Nesbitt and Phillips: A CONCURRENT RESOLUTION AUTHORIZING THE CRAFTED WITH PRIDE FLAG TO BE FLOWN FROM THE FLAGSTAFF ON THE DOME OF THE STATE HOUSE DURING THE WEEK OF OCTOBER 14-21, 1989, WHICH IS REQUESTED TO BE PROCLAIMED BY GOVERNOR CARROLL A. CAMPBELL AS TEXTILE WEEK 1989.
Whereas, the textile industry in our State is the largest employer, largest taxpayer, and largest consumer of goods and services; and
Whereas, the Governor of this State has proclaimed a week each year since 1975 to honor this industry; and
Whereas, Textile Week 1989 will be October 14-21. 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, authorize the Crafted With Pride Flag to be flown from the flagstaff on the dome of the State House during the week of October 14-21, 1989, which is requested to be proclaimed by Governor Carroll A. Campbell as Textile Week 1989.
Be it further resolved that a copy of this resolution be forwarded to Governor Campbell.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4034 -- Reps. Carnell, L. Martin, Moss, Nesbitt and Phillips: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNITED STATES TEXTILE INDUSTRY FOR BEING RANKED FIRST IN THE NATION IN SAFETY BY THE NATIONAL SAFETY COUNCIL FOR THE THIRD CONSECUTIVE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 769 -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA JAYCEES ON BEING RECOGNIZED AS THE NUMBER ONE STATE JAYCEE ORGANIZATION IN AMERICA FOR THE SECOND CONSECUTIVE YEAR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 770 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE ARTHUR DEXTER OF AIKEN COUNTY UPON RECEIVING THE "OUTSTANDING OLDER SOUTH CAROLINIAN" AWARD BY THE SOUTH CAROLINA COMMISSION ON AGING.
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. 4035 -- Rep. Barfield: A BILL TO AMEND SECTION 50-13-1192, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF FISHING DEVICES, SO AS TO INCREASE THE NUMBER OF HOOKS ON TROTLINES WHICH MAY BE USED IN THE GREAT PEE DEE RIVER, THE WACCAMAW RIVER, AND BULL CREEK AND TO PROVIDE THAT TRAPS MAY BE USED IN A PORTION OF THE WACCAMAW RIVER.
Referred to Committee on Agriculture and Natural Resources.
H. 4036 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-41 SO AS TO PROVIDE THAT BEGINNING JULY 1, 1989, ANY FIRST-TIME APPLICANT FOR A DRIVER'S LICENSE, RESTRICTED DRIVER'S LICENSE, BEGINNER'S PERMIT, OR NONRESIDENT DRIVING PRIVILEGE SHALL TAKE AND PASS A DRUG TEST WITHIN THIRTY DAYS PRIOR TO THE DATE OF HIS APPLICATION, AND TO PROVIDE FOR THE MANNER IN WHICH THE TEST MUST BE ADMINISTERED.
Referred to Committee on Education and Public Works.
H. 4037 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF LOCAL AUTHORITIES WITH RESPECT TO STREETS AND HIGHWAYS UNDER THEIR JURISDICTION, SO AS TO AUTHORIZE THESE LOCAL AUTHORITIES TO REGULATE OR PROHIBIT THE USE OF SKATEBOARDS.
Referred to Committee on Judiciary.
H. 4038 -- Reps. Sharpe, Corbett, Hallman, Manly, Sturkie, Waites and Wilkes: A BILL TO AMEND CHAPTER 5, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDWATER USE ACT, SO AS TO REVISE AND PROVIDE FOR ADDITIONAL DEFINITIONS IN REGARD TO THIS ACT, TO FURTHER PROVIDE FOR FACTORS WHICH THE WATER RESOURCES COMMISSION SHALL CONSIDER IN DETERMINING AND DECLARING CAPACITY USE AREAS IN THE STATE, TO REVISE THE PROCEDURES REQUIRED TO BE FOLLOWED IN DECLARING A CAPACITY USE AREA, TO FURTHER PROVIDE FOR THE PROMULGATION OF THE REGULATIONS TO BE APPLIED IN A CAPACITY USE AREA, TO REVISE THE CONDITIONS UNDER WHICH, PROCEDURES UNDER WHICH, AND DURATION OF GROUNDWATER USE PERMITS WHICH MAY BE ISSUED IN THE CAPACITY USE AREA, TO AUTHORIZE THE COMMISSION TO COOPERATE WITH OTHER STATE AGENCIES AND AGENCIES OF THE FEDERAL GOVERNMENT IN THE ADMINISTRATION OF THE PROVISIONS OF THIS ACT, TO AUTHORIZE THE IMPOSITION BY THE COMMISSION OF CERTAIN CIVIL PENALTIES FOR THE VIOLATION OF THIS ACT, AND TO PROHIBIT CERTAIN FLOWING WELLS AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Agriculture and Natural Resources.
H. 4039 -- Rep. Kirsh: A BILL TO AMEND TITLE 38, CHAPTER 77, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 SO AS TO PROHIBIT A RENTAL CAR COMPANY, IN SHORT-TERM LEASES, FROM HOLDING A DRIVER LIABLE FOR ANY DAMAGE TO THE RENTED VEHICLE AND PROVIDE EXCEPTIONS, PROHIBIT AN EMPLOYEE OR REPRESENTATIVE OF A RENTAL CAR COMPANY FROM SOLICITING OR SELLING INSURANCE IN CONNECTION WITH A RENTAL AGREEMENT UNLESS HE IS LICENSED, AND PROVIDE A PENALTY FOR VIOLATION.
Referred to Committee on Labor, Commerce and Industry.
H. 4040 -- Rep. Lockemy: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1989, AND ENDING JUNE 30, 1990.
On motion of Rep. LOCKEMY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4041 -- Rep. J.W. Johnson: A BILL TO AMEND ACT 1197 OF 1930, AS AMENDED, RELATING TO PRESBYTERIAN COLLEGE, SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF ITS BOARD OF TRUSTEES ARE SELECTED.
Rep. J.W. JOHNSON moved to waive Rule 5.12, which was agreed to, by a division vote of 62 to 0.
On motion of Rep. J.W. JOHNSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. J.W. JOHNSON, with unanimous consent, it was ordered that H. 4041 be read the second time tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Ferguson Foster Gentry Glover Gordon Hallman Harris, J. Harris, P. Harvin Harwell Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kirsh Klapman Lanford Limehouse Littlejohn Lockemy Manly Mappus Mattos McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Stoddard Sturkie Taylor Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 11, 1989.
Paul Burch Terry Haskins Robert O. Kay Larry A. Martin Joe Wilder Ronald P. Townsend Robert A. Kohn T.M. Burriss Jack Gregory Joseph McElveen Paul Short John Felder
STATEMENT OF ATTENDANCE
Reps. GENTRY, LOCKEMY and M.D. BURRISS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 10, 1989.
Announcement was made that Dr. Terry Dodge of Rock Hill is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4026 - Reps. Townsend, Kay, Tucker, Cooper, P. Harris and Chamblee: A BILL TO AMEND ACT 510 OF 1982, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE MEMBERSHIP FROM SEVEN TO NINE PERSONS, TO PROVIDE FOR THE MANNER OF ELECTION OF THE BOARD MEMBERS, TO DELETE THE PROVISION THAT ALL MEMBERS BE ELECTED COUNTYWIDE, TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS, AND TO PROVIDE FOR THE INITIAL TERMS OF THE NEW BOARD ELECTED IN 1990.
H. 4027 -- Rep. Sheheen: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES OF KERSHAW COUNTY, SO AS TO CHANGE THE DEADLINE TIME PERIOD FOR HAVING AN AUDIT PREPARED FROM NOT MORE THAN NINETY DAYS FROM THE END OF EACH FISCAL YEAR TO DECEMBER FIRST, FOLLOWING THE END OF EACH FISCAL YEAR.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4026 be read the third time tomorrow.
On motion of Rep. BAXLEY, with unanimous consent, it was ordered that H. 4027 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3098 -- Rep. Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-37-170 SO AS TO ESTABLISH PROCEDURES FOR EJECTMENT OF MOBILE HOMES.
H. 3791 -- Reps. J. Rogers and Huff: A BILL TO AMEND SECTION 40-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF THE REGULATION OF SPEECH/LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS, SO AS TO DEFINE THE TERM "SPEECH/LANGUAGE PATHOLOGY" AND TO REVISE THE TERMS "SPEECH/LANGUAGE PATHOLOGIST", "THE PRACTICE OF SPEECH/LANGUAGE PATHOLOGY", AND "THE PRACTICE OF AUDIOLOGY."
H. 3130 -- Rep. McEachin: A BILL TO AMEND SECTION 40-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OR REGISTRATION OF DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO REVISE AND LIMIT THE AMOUNT OF THE ANNUAL LICENSE OR REGISTRATION FEE WHICH MAY BE CHARGED BY THE STATE BOARD OF DENTISTRY.
H. 3966 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OF DEPRECIABLE ASSETS USED IN THE OPERATION OF THE BUSINESS, PURSUANT TO THE SALE OF THE BUSINESS, AND PROVIDE THAT THIS EXEMPTION ONLY APPLIES WHEN THE ENTIRE BUSINESS IS SOLD BY THE OWNER PURSUANT TO A WRITTEN CONTRACT AND THE PURCHASER CONTINUES THE OPERATION OF THE BUSINESS.
H. 3692 -- Reps. M.O. Alexander, M.D. Burriss, Wilder, Mappus, Rama, Holt, Quinn, Taylor, Faber, Fair, McBride, Hearn, McKay, Klapman, L. Martin, Cork, McLeod, Manly, Blackwell, Phillips, Sturkie, Neilson, Corning, J. Bailey, Baxley, G. Bailey, T.C. Alexander, Baker, Fant, Mattos and Kohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-15 SO AS TO REQUIRE A LICENSED INSURER WHO DECIDES TO CEASE DOING BUSINESS FOR ANY LINE OR SUBLINE OF INSURANCE TO NOTIFY ALL POLICYHOLDERS OF THIS FACT AT LEAST NINETY DAYS BEFORE THE ANNIVERSARY OF THE POLICY AND PROHIBIT THE CHIEF INSURANCE COMMISSIONER FROM RETURNING SECURITIES DEPOSITED UNLESS THE INSURER COMPLIES WITH THIS SECTION.
H. 3933 -- Rep. R. Brown: A BILL TO AMEND SECTIONS 37-2-201 AND 37-3-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT SERVICE AND LOAN FINANCE CHARGES SO AS TO PROVIDE THAT A LENDER WHO HAS FILED RATES BUT HAS NOT POSTED THEM IS ONLY SUBJECT TO A FINE FOR THE FIRST OFFENSE IN ANY THIRTY-SIX MONTH PERIOD.
H. 3797 -- Reps. Tucker, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Felder, Ferguson, Foster, Gentry, Hallman, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Hendricks, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, D. Williams, J. Williams, Winstead, Wofford, Wright and Wilkins: A BILL TO AMEND SECTION 44-53-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS PERTAINING TO ILLICIT TRAFFIC IN CONTROLLED AND COUNTERFEIT SUBSTANCES, SO AS TO PROVIDE FOR UNIFORM PROCEDURES FOR FORFEITED SUBSTANCES AND PROPERTY TO BE USED BY LAW ENFORCEMENT OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS.
H. 3872 -- Reps. Wilkins, Baxley, Barber, Hodges, Corning, Sheheen, Hayes, Cole, Nettles, Beasley, McEachin and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-380 SO AS TO ALLOW STATE-EMPLOYED ATTORNEYS TO ENGAGE IN PRO BONO REPRESENTATION UNDER A PRO BONO PROGRAM ORGANIZED, SPONSORED, OR ENDORSED BY THE SOUTH CAROLINA BAR AND TO ESTABLISH REQUIREMENTS FOR THE REPRESENTATION.
H. 3792 -- Rep. McLellan: A BILL TO AMEND SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS BY THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS, SO AS TO PROVIDE THAT THESE BONDS, BEGINNING IN 1991, MAY BE AUTHORIZED IN ODD-NUMBERED INSTEAD OF EVEN-NUMBERED YEARS.
H. 3491 -- Reps. McAbee, Kirsh, McLellan and Boan: A BILL TO REPEAL SECTION 11-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE STATE BUDGET AND CONTROL BOARD APPROVE AN INTEREST RATE IN EXCESS OF SEVEN PERCENT A YEAR ON OBLIGATIONS OF PUBLIC BODIES ALLOWED BY LAW TO INCUR DEBT.
Rep. WRIGHT moved that when the House adjourns it adjourn in memory of Miss Mary Rebecca Whitehead of Irmo, which was agreed to.
The following was received.
Columbia, S.C., May 11, 1989
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 10:30 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. CHAMBLEE the invitation was accepted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. McLELLAN having the floor.
H. 3216 -- Rep. Boan: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, TO EXEMPT THE POOL FROM TAXATION, AND TO ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, AND TO AMEND SECTION 38-71-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES OF GROUP HEALTH POLICIES, SO AS TO REVISE THESE CONTINUATION OR CONVERSION PRIVILEGES AND DELETE PROVISIONS RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICIES.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 10 by the Committee on Ways and Means.
Rep. McLELLAN continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3216 be read the third time tomorrow.
At 10:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R128) S. 242 -- Senators Hayes, Helmly, Bryan, Pope, Passailaigue, Stilwell, Nell W. Smith, Moore, Wilson, Courson, Macaulay, Giese, Drummond, Williams, J, Verne Smith, Hinson, Mitchell, Thomas, Patterson, Lourie, Fielding, Long, Peeler, Setzler, Lee, Matthews, McLeod, Hinds, O'Dell, Waddell, Martschink, Shealy, Saleeby, Gilbert, Mullinax, Leventis, Rose, McGill, McConnell, Horace C. Smith and Leatherman: AN ACT TO AMEND SECTIONS 44-43-120, 44-43-130, 44-43-140, AND 44-43-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DONATION OF EYES, SO AS TO AUTHORIZE THE SOUTH CAROLINA LIONS EYE BANK TO MAKE DETERMINATIONS RELATING TO THE REMOVAL, PROCESSING, DISTRIBUTION, AND USE OF EYES DONATED FOR SIGHT RESTORATION.
(R129) S. 61 -- Senator Stilwell: AN ACT TO AMEND SECTION 12-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE SOUTH CAROLINA TAX COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION SHALL APPRAISE AND ASSESS SEWER COMPANIES, AIRLINES, CORPORATE HEADQUARTERS AND OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ALL ADDITIONS TO ESTABLISHMENTS IT ALREADY ASSESSES, TO DELETE OBSOLETE REFERENCES, AND TO PROVIDE THAT THE COMMISSION SHALL APPRAISE AND ASSESS LEASED PROPERTY IN THE NAME OF THE LESSEE WHEN THE UNIT METHOD OF VALUATION IS USED OR WHEN THE TAXPAYER IS AN AIRLINE OR PRIVATE CAR LINE; TO AMEND SECTION 12-3-145, AS AMENDED, RELATING TO THE PROCEDURE FOR OBTAINING AD VALOREM TAX EXEMPTIONS, SO AS TO PROVIDE THAT APPLICATIONS FOR EXEMPTION MUST BE FILED BETWEEN JANUARY FIRST AND APRIL FIFTEENTH FOR PROPERTY OWNED AS OF THE PREVIOUS DECEMBER THIRTY-FIRST AND TO CLARIFY APPLICATIONS FOR EXEMPT VEHICLES; TO AMEND SECTION 12-43-290, AS AMENDED, RELATING TO INCREASES IN MILLAGE AFTER REASSESSMENT, SO AS TO ALLOW INCREASES FOR THE INCREASED COST OF EXISTING SERVICES AND TO PROVIDE THAT THIS SECTION DOES NOT AFFECT LIMITS ON THE TAXING POWER OF SCHOOL DISTRICTS; TO AMEND SECTION 12-47-70, RELATING TO ABATEMENTS OR REFUNDS OF INCORRECT PROPERTY TAXES, SO AS TO INCREASE FROM ONE TO FIVE YEARS THE TIME FOR BRINGING A CLAIM; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO THE COLLECTION OF PROPERTY TAXES, SO AS TO REQUIRE A DELINQUENT TAX NOTICE TO BE MAILED TO THE OWNER OF RECORD AT THE BEST ADDRESS; TO AMEND SECTION 12-54-190, RELATING TO THE APPLICATION OF THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION, SO AS TO INCLUDE UNDER IT PROPERTY TAXES AND FOREST RENEWAL TAXES.
(R130) S. 506 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO COMPLAINTS OF DISCRIMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R131) S. 674 - Senator Mullinax: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF 76, INC., IN ANDERSON COUNTY.
(R132) S. 64 -- Senator Land: AN ACT TO AMEND SECTION 58-31-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO INCLUDE THE COUNTY OF SUMTER AS ONE OF THE COUNTIES IN WHICH THE PUBLIC SERVICE AUTHORITY MAY ACQUIRE OR PURCHASE OR CONSTRUCT, OPERATE, AND MAINTAIN STRUCTURES AND FACILITIES IN THE TREATMENT AND DISTRIBUTION OF WATER FOR INDUSTRIAL, COMMERCIAL, OR AGRICULTURAL PURPOSES AND ACQUIRE, TREAT, TRANSMIT, DISTRIBUTE, AND SELL WATER AT WHOLESALE.
(R133) S. 304 -- Agriculture and Natural Resources Committee: AN ACT TO AMEND SECTION 46-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEGLECTED OR ABANDONED ORCHARDS, SO AS TO AUTHORIZE THE STATE CROP PEST COMMISSION OR ITS DESIGNEE TO PROMULGATE REGULATIONS RELATIVE TO THEM; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-35-15 AND 46-35-80 SO AS TO ADD DEFINITIONS RELATIVE TO ORCHARDS AND TO REQUIRE A SELLER WHO HAS AN ORCHARD ON THE PROPERTY SOLD TO MAKE A DISCLOSURE RELATIVE TO THE ORCHARD.
(R134) S. 497 -- Senators Nell W. Smith, Moore and Hayes: AN ACT TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO PROVIDE FOR BOARD MEMBERS TO RECEIVE SUBSISTENCE.
(R135) S. 388 -- Senators Shealy, Setzler and Wilson: AN ACT TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION, MEMBERSHIP, AND POWERS OF BOARDS OF ZONING APPEALS, SO AS TO INCREASE THE MAXIMUM NUMBER OF BOARD MEMBERS FROM SEVEN TO NINE.
(R133) S. 561 -- Senators Nell W. Smith, Moore and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1897 SO AS TO PROVIDE FOR THE ADOPTION AND BIRTH PARENT SERVICES PROGRAM WITHIN THE DEPARTMENT OF SOCIAL SERVICES TO BE THE ONLY PUBLIC ADOPTION PROGRAM IN SOUTH CAROLINA.
(R137) S. 323 -- Senator Giese: AN ACT TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE OFFICERS' RETIREMENT SYSTEM BY ADDING SECTION 9-11-48 SO AS TO PROVIDE THAT AN EMPLOYER WHO MAINTAINS A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS BEFORE THE DATE OF ADMISSION TO THE POLICE OFFICERS' RETIREMENT SYSTEM MAY REQUIRE ALL ACTIVE MEMBERS OF THAT LOCAL SYSTEM TO BECOME MEMBERS OF THE POLICE OFFICERS' RETIREMENT SYSTEM ON THE DATE OF ADMISSION, TO ESTABLISH THE DATES OF ADMISSION, TO PROVIDE THE REQUIREMENTS WHICH MUST BE FOLLOWED IF THIS OPTION IS EXERCISED, TO PROVIDE FOR THE BENEFITS RETIREES ARE ENTITLED TO UPON TRANSFER TO THE POLICE OFFICERS' RETIREMENT SYSTEM, AND TO PROVIDE THAT THE EARNINGS LIMITATION PERTAINING TO THE ALLOWABLE AMOUNT OF EARNINGS WHILE RECEIVING BENEFITS DOES NOT APPLY TO CERTAIN RETIREES EMPLOYED ON THE DATE OF TRANSFER.
(R138) S. 594 -- Senator Land: AN ACT TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER OF THE SYSTEM WHO IS AN ELECTED OFFICIAL WHOSE ANNUAL COMPENSATION IS LESS THAN THE EARNINGS LIMITATION BELOW WHICH A RETURN TO COVERED EMPLOYMENT DOES NOT AFFECT THE RECEIPT OF BENEFITS AND WHO IS OTHERWISE ELIGIBLE FOR SERVICE RETIREMENT MAY RETIRE WITHOUT A BREAK IN SERVICE.
(R139) H. 3359 -- Rep. Corning: AN ACT TO AMEND SECTION 56-5-6140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAIL MOVING TRAFFIC CHARGES AGAINST AN UNEMANCIPATED MINOR TO HIS PARENT OR GUARDIAN, SO AS TO DELETE THE REFERENCE TO AN UNEMANCIPATED MINOR, TO PROVIDE FOR THE SECTION TO APPLY TO A PERSON UNDER EIGHTEEN YEARS OF AGE, TO REQUIRE THE NOTICE TO BE MAILED TO THE OWNER OF THE VEHICLE, AND TO DELETE NOTICE TO THE PARENT OR GUARDIAN.
(R140) H. 3119 -- Rep. White: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-16, SO AS TO PROVIDE THAT AFTER A CERTAIN DATE THE AMOUNTS OF ALL FEES PROVIDED FOR UNDER CHAPTER 7, TITLE 40 MUST BE ESTABLISHED BY THE STATE BOARD OF BARBER EXAMINERS BY REGULATION AND TO ALLOW THE BOARD AFTER THAT DATE TO INCREASE THE FEES BY NOT MORE THAN FIFTEEN PERCENT A YEAR, AND SECTION 40-7-19, SO AS TO PROVIDE THAT THE FEES WHICH MAY BE ASSESSED AND COLLECTED BY THE BOARD UNDER CHAPTER 7, TITLE 40 ARE THOSE WHICH ARE ENUMERATED IN THIS SECTION, PROVIDE THAT THE AMOUNTS OF THOSE FEES AS SET FORTH IN THIS SECTION ARE APPLICABLE THROUGH A CERTAIN DATE AT WHICH TIME THE AMOUNTS OF THE FEES MUST BE PROMULGATED PURSUANT TO SECTION 40-7-16, AND PROVIDE THAT NO NEW FEE MAY BE ESTABLISHED EXCEPT BY ENACTMENT OF THE GENERAL ASSEMBLY; AND TO AMEND SECTIONS 40-7-25, 40-7-100, 40-7-115, 40-7-160, 40-7-170, 40-7-180, AND 40-7-300, ALL RELATING TO BARBERS AND BARBERING, SO AS TO REMOVE REFERENCES TO SPECIFIC AMOUNTS OF FEES, DELETE THE PROVISION THAT FEES MAY NOT BE INCREASED BY THE BOARD, AND PROVIDE REFERENCE TO FEES IN AMOUNTS ESTABLISHED BY THE BOARD BY REGULATION.
(R141) H. 3424 -- Reps. Winstead, J. Rogers, Beasley, Clyborne, J.W. Johnson, Felder, Wilkins, Moss, Wofford, McLellan, Washington and D. Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-110 SO AS TO PROVIDE FOR THE CRIMES OF DEFRAUDING A FEDERALLY CHARTERED OR INSURED FINANCIAL INSTITUTION AND OBTAINING PROPERTY OF THE INSTITUTION FRAUDULENTLY, DEFINE TERMS, AND PROVIDE PENALTIES AND TO AMEND SECTION 16-1-10, AS AMENDED, SO AS TO INCLUDE THE OFFENSE PROVIDED FOR IN THIS ACT.
At 10:35 A.M. the House resumed, the SPEAKER in the chair.
The following Joint Resolution was taken up.
H. 3329 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INSTRUCTION AT A PLACE OTHER THAN SCHOOL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1060, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BEASLEY moved to table the Joint Resolution, which was agreed to.
Rep. J. HARRIS moved to adjourn debate upon the following Bill until Thursday, May 18, which was adopted.
H. 3923 -- Rep. J. Harris: A BILL TO AMEND SECTION 12-37-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION OF PROPERTY AND DEPRECIATION FOR PURPOSES OF PROPERTY TAXATION, SO AS TO PROVIDE THAT ON THE SALE OF AN ITEM OF DEPRECIATED PROPERTY BETWEEN CORPORATIONS THE PURCHASER MAY USE THE SELLER'S DEPRECIATED VALUE OF THE PROPERTY AS ITS BASIS FOR PURPOSES OF PROPERTY TAX VALUATION AND TO PROVIDE EXCEPTIONS.
The following Bill was taken up.
H. 3577 -- Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 18, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. LOCKEMY explained the amendment.
Reps. TOWNSEND, CORNING, WILKES, FOSTER, KOON, FANT and McLEOD objected to the Bill.
The following Bill was taken up.
S. 521 -- Senators Nell W. Smith, Giese and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE FOR THE INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS ACT BY SETTING FORTH DEFINITIONS, MEMBERS AND REQUIREMENTS OF A STATE INTERAGENCY COORDINATING COUNCIL, RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCLUDING A COMPREHENSIVE INTERAGENCY SYSTEM, REQUIREMENTS OF AN INDIVIDUALIZED FAMILY SERVICE PLAN, CHARGES FOR EARLY INTERVENTION SERVICES, FINANCIAL RESOURCES, AND EVALUATION OF THE COMPREHENSIVE SERVICE SYSTEM.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER overruled the Point of Order.
Rep. KLAPMAN objected to the Bill.
Rep. MATTOS moved to adjourn debate upon the Bill until Wednesday, May 17, which was adopted.
The following Bill was taken up.
H. 3977 -- Reps. McAbee and Kay: A BILL TO AMEND SECTION 13-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF THE SAVANNAH VALLEY AUTHORITY, SO AS TO GRANT THE BOARD THE POWER OF EMINENT DOMAIN IN ABBEVILLE AND MCCORMICK COUNTIES.
Rep. KAY moved to waive Rule 5.12, which was agreed to by a division vote of 50 to 1.
Rep. KAY moved to adjourn debate upon the Bill until Tuesday, May 16, which was adopted.
The following Bill was taken up.
H. 3932 -- Rep. Altman: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 SO AS TO ENACT THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4014U), which was adopted.
Amend the bill, as and if amended, Section 56-1-2030, as contained in SECTION 2, by adding a new item after item {21) on page 4 to read:
/(22) 'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance./
Amend the bill, as and if amended, page 6, Section 56-1-2070, by striking subsection (B) and inserting:
/(B) The following persons may operate commercial motor vehicles without a commercial driver's license:
(1) active duty military personnel and reservists and National Guard members who are on active duty while operating vehicles owned by the United States government, unless they are required by the owner of the vehicle to have a valid state driver's license;
(2) operators of a farm vehicle which is:
(a) controlled and operated by a farmer;
(b) used to transport agricultural products, farm machinery, farm supplies, or a combination of them to or from a farm;
(c) not used in the operation of a common or contract motor carrier; and
(d) used within one hundred fifty miles of the person's farm.
(3) persons operating authorized emergency vehicles as defined in Section 56-5-170.
(4) operators of recreational vehicles used solely for personal use./
Amend further, page 8, by striking Section 56-1-2080(B) and inserting:
/(B) The department may waive the skills test specified in this section for a commercial driver license applicant:
(1) whose driver's license has not been suspended or revoked within the previous two years;
(2) who has no more than four points against his driving record within the previous two years
(3) who has not contributed to an accident within the previous two years;
(4) who has been licensed to operate the class of motor vehicle for which he is applying for a minimum of two years or who can provide proof that he was operating those vehicles for two years immediately preceding the date of application./
Amend further, page 9, by striking Section 56-1-2090(A)(B) and inserting:
/(6) the person's consent to be photographed;/.
Amend further, page 9, by striking Section 56-1-2090(A)(10) and inserting:
/(10) A nonrefundable application fee of fifteen dollars, except for public school bus drivers./
Amend further, page 14, by striking /56-2-21301 on line 23 and inserting /56-1-21301.
Renumber sections to conform.
Amend title to conform.
Rep. KEEGAN explained the amendment.
The amendment was then adopted.
Rep. KEEGAN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KEEGAN, with unanimous consent, it was ordered that H. 3932 be read the third time tomorrow.
The following Bill was taken up.
H. 3622 -- Reps. Nettles, J.W. Johnson, Hodges, Hayes, T. Rogers, McElveen, Baxley, Huff, Wilkins, Corning, McAbee, Washington, T.M. Burriss, Snow, Harvin, Barber, Sheheen, Boan and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 17 SO AS TO ESTABLISH THE OFFICE OF INDIGENT DEFENSE SERVICES BY PROVIDING FOR DEFINITIONS, THE COMMISSION ON INDIGENT DEFENSE SERVICES AND ITS DUTIES, THE OFFICE'S RESPONSIBILITIES, THE DIRECTOR AND HIS DUTIES, AN ADDITIONAL COURT COST, AND FUNDING FOR THE SERVICES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND OBTAINING SERVICES FOR TRIAL, SO AS TO PROVIDE FOR APPOINTMENT FROM THE CIRCUIT PUBLIC DEFENDER'S OFFICE, PROVIDE FOR THE ATTORNEY TO REPRESENT INSTEAD OF DEFEND THE ACCUSED, DELETE THE REFERENCE TO THE PUBLIC DEFENDER AND TO THE LIMITATION OF THE APPLICATION OF THIS SECTION TO THE CHARGE OF MURDER, REVISE THE ATTORNEY'S FEE AND PROVIDE FOR REIMBURSEMENT, AND PROVIDE FOR PAYMENT FOR SERVICES FROM THE DEFENSE OF INDIGENTS FUND AND DELETE THE LIMITATION ON THE PAYMENT; AND TO AMEND CHAPTER 3, TITLE 17, AS AMENDED, RELATING TO DEFENSE OF INDIGENTS, SO AS TO DEVISE THE CONDITIONS UNDER WHICH A PERSON IS ENTITLED TO PRIVATE COUNSEL OR REPRESENTATION BY THE CIRCUIT PUBLIC DEFENDER'S OFFICE, THE PAYMENT OF COUNSEL AND CLAIMS AGAINST THE ASSETS AND ESTATE OF THE ACCUSED, ESTABLISHED FEES AND REIMBURSEMENT, AND THE PROVISIONS FOR PUBLIC DEFENDER OFFICES BY PROVIDING FOR CIRCUIT PUBLIC DEFENDER BOARDS AND CIRCUIT PUBLIC DEFENDERS AND THEIR DUTIES AND DELETE THE REFERENCE TO SUPREME COURT REGULATIONS.
Reps. NEILSON, SIMPSON, DAVENPORT, McEACHIN, COLE and HENDRICKS objected to the Bill.
The following Bill was taken up.
S. 575 -- Senators Horace C. Smith, Waddell, J. Verne Smith, Leatherman and Moore: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO EXPAND THE PURPOSES FOR WHICH BONDS WERE AUTHORIZED FOR THE RENOVATION OF THE ADMINISTRATION BUILDING, AIRPORT CAMPUS OF MIDLANDS TECHNICAL COLLEGE AND AUTHORIZE CLASSROOM BUILDING RENOVATIONS ON THE BELTLINE CAMPUS OF THE COLLEGE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3991U), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION____. Section 12 of Act 638 of 1988 is amended to read:
"SECTION 12. Sub-subitem (3) of sub-subitem 15 (Department of Mental Retardation) of Item (f) of Section 3 of Act 1377 of 1968, as added by Section 2 of Act 179 of 1981, is deleted."/
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KLAPMAN, with unanimous consent, it was ordered that S. 575 be read the third time tomorrow.
The following Joint Resolution was taken up.
S. 673 -- Senators Nell W. Smith, J. Verne Smith, Leatherman, Matthews, Peeler, Lourie, Hinson, Giese, Bryan, Thomas, Rose, Lee, Waddell, McGill, Mullinax, Gilbert, Hinds, Passailaigue, Stilwell, Setzler and Horace C. Smith: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONSTRUCT ADDITIONAL MEDICAID CERTIFIED NURSING HOME BEDS AND PROVIDE ADEQUATE FUNDS TO PAY FOR THE CARE GIVEN TO THE ADDITIONAL MEDICAID PATIENTS WHEN THESE NEW BEDS ARE CONSTRUCTED AND CERTIFIED, AUTHORIZE THE DEPARTMENT TO CONTRACT WITH NURSING HOMES IN GEORGIA AND NORTH CAROLINA TO PROVIDE CARE FOR MEDICAID PATIENTS FROM THIS STATE DURING THE FIRST FISCAL YEAR BEFORE THE AUTHORIZED ADDITIONAL BEDS ARE CONSTRUCTED, PROVIDE FOR THE ADMISSION PROCEDURES FOR PATIENTS, AND REQUIRE THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO EXPAND THE HOSPITAL "SWING BED" PROGRAM TO THE MAXIMUM EXTENT ALLOWED BY FEDERAL LAW.
Rep. BLACKWELL explained the Joint Resolution.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Joint Resolution, Rep. BLACKWELL having the floor.
The following Bill was taken up.
H. 3722 -- Education and Public Works Committee: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED LENGTH OF VEHICLES AND TO LIMITATIONS ON VEHICLE COMBINATIONS OPERATED ON INTERSTATE HIGHWAYS, FEDERAL AID HIGHWAYS, AND CERTAIN OTHER HIGHWAYS, SO AS TO REVISE THE PERMISSIBLE LENGTH OF CERTAIN VEHICLES OPERATING IN TWO UNIT COMBINATIONS.
Rep. SIMPSON asked unanimous consent to amend the Bill on third reading.
Rep. WINSTEAD objected.
The question then recurred to the passage of the Bill on third reading.
Rep. GORDON demanded the yeas and nays, which were not ordered.
The Bill was read the third time and ordered sent to the Senate by a division vote of 63 to 8.
Reps. T.M. BURRISS, GORDON, CARNELL and WALDROP withdrew their objections to the following Bill.
H. 3314 -- Reps. Rama, G. galley, Littlejohn, Hearn, Mappus, J. Bailey and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF SPECIAL PURPOSE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.
Rep. CORNING withdrew his objection to the following Bill.
H. 3088 -- Reps. Taylor, D. Martin, Clyborne, White and Corning: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, AND PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
Reps CORNING, TOWNSEND, WILKES, FOSTER, McLEOD and FANT withdrew their objections to H. 3577 however, other objections remained upon the Bill.
Rep. HASKINS asked unanimous consent to recall H. 3898 from the Committee on Ways and Means.
Rep. FANT objected.
Rep. WASHINGTON asked unanimous consent to recall S. 522 from the Committee on Ways and Means.
Rep. KIRSH objected.
Rep. QUINN asked unanimous consent to recall H. 3511 from the Committee on Judiciary.
Rep. WILKINS objected.
Rep. FARR asked unanimous consent to recall H. 3254 from the Committee on Labor, Commerce and Industry.
Rep. MAPPUS objected.
The veto on the following Bill was taken up.
(R126) H. 3964 -- Reps. Holt, J. Bailey, Barber, Hallman, Kohn, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1989-90 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1989-90.
The motion of Rep. WOFFORD to reconsider the vote whereby the veto was sustained was taken up and agreed to.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Barber Hallman Holt Mappus Rama Whipper Winstead
Those who voted in the negative are:
Kohn
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., May 11, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of S. 754:
S. 754 -- Senator Moore: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF AIKEN COUNTY, SO AS TO VEST THE COUNTY LEGISLATIVE DELEGATION WITH THE AUTHORITY TO DESIGNATE ATTENDANCE ZONES OR LINES.
Very respectfully,
President
No. 013
On motion of Rep. HUFF, with unanimous consent, the following Bill was ordered recalled from the Aiken Delegation.
S. 764 -- Senator Moore: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF AIKEN COUNTY, SO AS TO VEST THE COUNTY LEGISLATIVE DELEGATION WITH THE AUTHORITY TO DESIGNATE ATTENDANCE ZONES OR LINES.
On motion of Rep. HUFF, the Bill was ordered returned to the Senate.
The following was received.
Columbia, S.C., May 11, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 96, H. 3779 by a vote of: ayes 46 nays 0
(R96) H. 3779 -- Rep. Farr: AN ACT TO AMEND ACT 865 OF 1973, RELATING TO THE BUFFALO WATER AND SEWER DISTRICT, SO AS TO CHANGE THE METHOD OF ELECTING MEMBERS AND TO PROVIDE FOR THE ISSUING OF CERTIFICATES.
Very respectfully,
President
No. 016
Received as information.
The following was received.
Columbia, S.C., May 11, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the report of the Committee of Conference on S. 333 having been adopted by both Houses:
S. 333 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES ISSUED OR DELIVERED IN THIS STATE, SO AS TO REVISE THE MANNER IN WHICH PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES ARE APPROVED.
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 068
Received as information.
The following was introduced:
H. 4042 -- Reps. McLeod, Townsend, Felder, Davenport, Blanding, Phillips, G. Brown, P. Harris, Chamblee, Kay, Blackwell, Foster, Vaughn, Mattos, Fair and Gordon: A CONCURRENT RESOLUTION REQUESTING THE MEMBERS OF THE STATE FORESTRY COMMISSION TO IMMEDIATELY REMOVE AND REPLACE THE STATE FORESTER PURSUANT TO THE DUTIES AND POWERS CONFERRED UPON THEM BY SECTION 48-23-50 OF THE 1976 CODE OF LAWS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution, Rep. BLACKWELL having the floor.
S. 573 -- Senators Nell W. Smith, J. Verne Smith, Leatherman, Matthews, Peeler, Lourie, Hinson, Giese, Bryan, Thomas, Rose, Lee, Waddell, McGill, Mullinex, Gilbert, Hinds, Passailaigue, Stilwell, Setzler and Horace C. Smith: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONSTRUCT ADDITIONAL MEDICAID CERTIFIED NURSING HOME BEDS AND PROVIDE ADEQUATE FUNDS TO PAY FOR THE CARE GIVEN TO THE ADDITIONAL MEDICAID PATIENTS WHEN THESE NEW BEDS ARE CONSTRUCTED AND CERTIFIED, AUTHORIZE THE DEPARTMENT TO CONTRACT WITH NURSING HOMES IN GEORGIA AND NORTH CAROLINA TO PROVIDE CARE FOR MEDICAID PATIENTS FROM THIS STATE DURING THE FIRST FISCAL YEAR BEFORE THE AUTHORIZED ADDITIONAL BEDS ARE CONSTRUCTED, PROVIDE FOR THE ADMISSION PROCEDURES FOR PATIENTS, AND REQUIRE THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO EXPAND THE HOSPITAL "SWING BED" PROGRAM TO THE MAXIMUM EXTENT ALLOWED BY FEDERAL LAW.
Rep. BLACKWELL continued speaking.
The Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that S. 573 be read the third time tomorrow.
The following Bill was taken up.
S. 281 -- Senators Giese, Thomas, Bryan, Lourie, Lindsay and Passailaigue: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 SO AS TO PROVIDE FOR THE DEFINITION OF "ANABOLIC STEROID", TO PROVIDE WHAT CONSTITUTES UNPROFESSIONAL CONDUCT FOR A PRACTITIONER, TO PROVIDE WHAT CONSTITUTES A VIOLATION OF THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3851U), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 53, Title 44 of the 1976 Code is amended by adding:
Section 44-53-1510. The term 'anabolic steroid' includes any of the following or any isomer, ester, salt, or derivative of the following that acts in the same manner on the human body:
( 1) clostebol;
( 2) dehydrochlormethyltestosterone;
( 3) ethylestrenol;
( 4) fluoxymeaterone;
( 5) mesterolone;
( 6) methandienone;
( 7) methandroatenolone;
( 8) methenolone;
( 9) methyltestosterone;
(10) nandrolone;
(11) norethandrolone;
(12) oxandrolone;
(13) oxymesterone;
(14) oxymetholone;
(15) stanozolol; and
(16) testosterone.
Section 44-53-1520. It is unprofessional conduct, and is not a valid medical purpose, for a practitioner or veterinarian to prescribe, dispense, or administer an anabolic steroid, or a pharmacist to dispense an anabolic steroid, for the purpose of the hormonal manipulation that is intended to increase muscle mass, strength, or weight without a medical necessity to do so, or for the intended purpose of improving performance in any form of exercise, sport, or game.
Section 44-53-1530. It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally possess anabolic steroids as defined in this article unless the steroids were obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his professional practice. It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally prescribe, dispense, deliver, or administer anabolic steroids to a person. Any person who violates this article with respect to:
(1) prescription, dispensation, delivery, or administration of an anabolic steroid, or delivery of an anabolic steroid to a person for human use without any purpose other than a valid medical purpose, or the sale or delivery of an anabolic steroid to a person for human use without a valid prescription, or the prescription, dispensation, delivery, or administration of an anabolic steroid to a person by any person who is not a practitioner, pharmacist, or veterinarian, is guilty of a felony and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both;
(b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both;
(2) possession of ten or fewer dosage units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed six months or fined in an amount not to exceed one thousand dollars;
(b) for a second or subsequent offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both;
(3) possession of more than ten but fewer than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both;
(b) for a second or subsequent offense, imprisoned for a term not to exceed two years or fined in an amount not to exceed three thousand dollars, or both;
(4) possession of more than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a felony and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both;
(b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both.
Section 44-53-1550. For purposes of determining whether or not a person has committed a second or subsequent offense under the provisions of this article, a violation of any other provision of this article or provision of law of the United States or any state, territory, or district, relating to an anabolic steroid, constitutes a prior offense."
SECTION 2. The crimes added in Article 14 of Chapter 53, Title 44 of the 1976 Code, classified as felonies, as contained in Section 1 of this act, relating to unlawfully possessing or prescribing anabolic steroids, are added to the list of crimes classified as felonies in Section 16-1-10.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BAKER explained the amendment.
The amendment was then adopted.
Reps. SNOW, FARR and McLEOD proposed the following Amendment No. a (Doc. No. 4335U), which was adopted.
Amend the Report by the Committee on Medical, Military, Public and Municipal Affairs Committee, as and if amended, in Section 44-53-1510 of the 1976 Code, as contained in SECTION 1, page 1, line 33, by inserting before /The/ /(A)/; and on page 2 by inserting immediately after line 9:
/(B) Anabolic steroids that are expressly intended for administration through implants to cattle or other nonhuman species, and that are approved by the federal Food and Drug Administration for this use, are not considered anabolic steroids as defined by this article and are not governed by its provisions./
Amend title to conform.
Rep. SNOW 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. 3768 -- Reps. Altman, Keegan and Snow: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 25, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUTDOOR ADVERTISING, SO AS TO REVISE THE REQUIREMENTS OF THE HIGHWAY ADVERTISING CONTROL ACT BY PROVIDING FOR DEFINITIONS, AUTHORIZED SIGNS, THE ISSUANCE OF PERMITS, ILLEGAL ADVERTISING DEVICES, SIGNS ON RIGHTS-OF-WAY, REMOVAL OF AND COMPENSATION FOR SIGNS, REGULATION BY OTHER AUTHORITIES, EXPENDITURES FOR REMOVAL, VIOLATIONS, AND PENALTIES.
Rep. ALTMAN explained the Bill.
Rep. HASKINS proposed the following Amendment No. 1, which was adopted.
Amend the bill, as and if amended, by adding a section, appropriately numbered as follows:
/Section____. No billboard shall be erected or displayed containing obscene or indecent words, photographs, or depictions.
(B)Obscene words, photographs, or depictions must be defined and interpreted as provided in Section 16-15-305(B), (C), (D), and (E).
(C) A sticker, decal, emblem, or device is indecent when:
(1) Taken as a whole, it describes, in a patently offensive way, as determined by contemporary community standards, sexual acts, excretory functions, or parts of the human body; and
(2)Taken as a whole, it lacks serious literary, artistic, political, or scientific value.
Rep. HASKINS 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. 3554 -- Reps. Kirsh, J. Rogers, Wilkins, Beasley, Boan, H. Brown, Bruce, Clyborne, Cole, Corbett, Hallman, Haskins, Hearn, Huff, Keegan, Littlejohn, McLellan, Quinn, Rama, Sharpe, Short, Sturkie, Vaughn, Wells, Wilkes, Wofford, Wright, Foster, Nesbitt, Hayes, McAbee, G. Bailey and J.W. Johnson: A BILL TO AMEND CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AIRPORTS, BY ADDING ARTICLE 7 SO AS TO PROVIDE CERTAIN STATE FUNDING FOR AIRLINE HUB TERMINAL FACILITIES TO BE CONSTRUCTED IN THIS STATE; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL PERSONAL PROPERTY OF AN AIRLINE COMPANY OPERATING AN AIRLINE HUB TERMINAL FACILITY IN THIS STATE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4189U), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The General Assembly finds that it would be beneficial to the traveling public and desirable and in the best interest of the economy and well-being of this State to provide incentives to air carriers to induce them to establish air carrier hubs within this State and commits to the Governor the duty and responsibility for attracting air carriers to establish air carrier hubs at air carrier airports within this State. In order to assist in the promotion of air carrier hubs, this act authorizes the issuance of general obligation bonds of this State and the use of the proceeds of these bonds to pay a portion of the costs of acquiring, constructing, improving, equipping, and establishing suitable airport facilities to serve as the sites of air carrier hubs.
The General Assembly has determined that the authorizations for these purposes are in the public interest, serve a public purpose, and promote the health, safety, welfare, and conveniences of the people of this State. The General Assembly has determined that present air carrier transportation facilities within this State are inadequate to serve as air carrier hub terminal facilities and that in order to accommodate and serve air carrier hubs (1) new construction of air transportation facilities and acquisition of equipment is needed, (2) present air carrier transportation facilities need enlarging, improving, and extending, and (3) fifty million dollars in state matching funds is needed to pay a portion of these costs.
SECTION 2. Chapter 11, Title 55 of the 1976 Code is amended by adding:
Section 55-11-500. For the purposes of this article, the following terms have the meanings indicated:
(a) an 'air carrier hub terminal facility' is an airport terminal facility from which an air carrier certified or licensed by the Federal Aviation Administration shall or will operate at least twenty common carrier departing flights a day on which the general public may fly seven days a week fifty-two weeks a year. No less than seventy percent of all seats on these aircraft arriving at or departing from an air carrier terminal facility must be on jet aircraft capable of carrying at least one hundred passengers on each flight.
(b) An 'air carrier' is a corporation licensed by the Federal Aviation Administration with a certificate of public convenience and necessity or an operating certificate under other applicable federal law or pertinent regulations which operates aircraft in common carrier service and serves an air carrier hub terminal facility as defined in this section.
(c) 'Board' Means the State Budget and Control Board.
(d) 'Bonds' Means general obligation bonds of this State.
Section 55-11-510. The State, from the proceeds of sale of bonds authorized by Section 55-11-520, is authorized to pay a portion or all of the costs of any insurance required to guarantee the payment of, or any credit enhancement facility utilized in connection with, obligations issued or to be issued by a special purpose district or other political subdivision of this State, for the purpose of acquiring land for and constructing and equipping air carrier hub terminal facilities; except that the amount of fees paid by the State to purchase this insurance or other credit enhancement facility must not exceed one and one-half percent of the principal plus all interest payable on obligations issued by a special purpose district or other political subdivision of this State. The cost of this insurance or other credit enhancement facility may be paid by the State directly to the provider of it, or by way of reimbursement to the special purpose district or political subdivision.
Section 55-11-520. Pursuant to the provisions of subsection 6(c), Section 13, Article 10 of the Constitution of this State, in order to provide funds to pay a portion of the costs of (1) acquiring land, (2) constructing, enlarging, improving, extending, renovating, and equipping suitable air carrier hub terminal facilities to be located in this State, (3) purchasing equipment, ground support equipment, machinery, special tools, maintenance, boarding facilities, and any and all additional necessary, real or personal property for the operation of air carrier hub terminal facilities, and (4) to pay a portion or all of the costs of any insurance required to guarantee the payment of, or any credit enhancement facility utilized in connection with, obligations issued by a special purpose district or other political subdivision of this State, not exceeding fifty million dollars of general obligation bonds of this State may be issued in the manner provided in this article and by law upon their authorization in a state capital improvement bond bill as permitted by Section 2-7-105.
As a further condition to the issuance of these bonds after their authorization in a state capital improvement bond bill, the special purpose district or other political subdivision requesting bonds to be issued pursuant to this article must have entered into a binding contract with an air carrier committing the air carrier to use the air carrier hub terminal facility for a period of ten years or the period of time needed to retire any indebtedness incurred by the special purpose district or other political subdivision to construct the air carrier hub terminal facility, whichever is less. Upon receipt of a certified copy of the executed contract, the State Development Board shall consider an air carrier's financial ability, willingness, and commitment to serve this State and other factors considered relevant by the State Development Board. If the State Development Board determines that it is in the best interest of this State for the State to assist in the providing of suitable air carrier hub terminal facilities, the State Development Board shall recommend to the Coordinating Council for Economic Development that it request the Budget and Control Board to consider recommending the issuance of bonds of this State for the purposes authorized in this article. If the Coordinating Council for Economic Development approves the recommendation of the State Development Board, it shall forward its written approval and request to the Budget and Control Board.
After review by the Joint Bond Review Committee, the board may allocate bond proceeds for the purposes authorized in this article to match on a dollar for dollar basis, local funds expended by any special purpose district or other political subdivision of this State. Local funds may include user fees and other monies made available by the special purpose district or political subdivision, but may not include federal grants made available to the special purpose district or other political subdivision for runway construction."
SECTION 3. Section 12-37-220B of the 1976 Code is amended by adding a new item to read:
"( ) All personal property of an air carrier including aircraft used in operating an air carrier hub terminal facility in this State for a period of ten consecutive years from the date of qualification, if its qualifications are maintained. An air carrier hub terminal facility is defined in Section 55-11-500."
SECTION 4. This act becomes effective upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH 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. 3552 -- Reps. Huff, L. Martin, J. Rogers, Littlejohn, Cole, Elliott, Davenport, Moss, Blanding, Hodges, Wells, Wilkes, Bruce, McGinnis, Wilder, Snow, Wright and Quinn: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO INCREASE VARIOUS FEES AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-49-250, RELATING TO THE FEE FOR RECORDING THE MORTGAGE NOTICE LIST, SO AS TO INCREASE THE FEE FOR EACH MORTGAGEE NOTICE; TO AMEND SECTION 15-49-30, RELATING TO THE APPLICABLE FEE FOR BRINGING AN ACTION FOR A CHANGE OF NAME, SO AS TO PROVIDE THAT THE APPLICABLE FILING FEE IS THE STANDARD FEE TO FILE CIVIL ACTIONS; TO AMEND SECTION 20-7-1510, RELATING TO THE DISPOSITION OF FINES AND FORFEITURES GENERATED BY THE CIRCUIT AND FAMILY COURT, SO AS TO PROVIDE SPECIFICALLY THAT FINES AND FORFEITURES FOR SHELLFISH VIOLATIONS ARE EXCLUDED FROM THE GENERAL DISTRIBUTION PROVISIONS; AND TO AMEND SECTION 44-53-580, RELATING TO THE DISPOSITION OF FINES GENERATED FROM NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES, SO AS TO PROVIDE THAT ONE-FOURTH OF THE FINES MUST BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY WHERE THE VIOLATION OCCURRED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4095U), which was adopted.
Amend the bill, as and if amended, in Section 8-21-310, as contained in SECTION 1, page 2, by striking item (3) and inserting:
/(3) For recording an instrument which assigns, transfers, or affects a single real estate mortgage or other instrument affecting title to real property or lien for the payment of money, unless it is part of the original instrument when initially filed, four six dollars; and if the instrument assigns, transfers, or affects more than one real estate mortgage, instrument, or lien, four six dollars for each mortgage, instrument, or lien assigned, transferred, or affected and referred to therein in the instrument and an additional one dollar for each page for any instrument exceeding three pages one page;/
Amend further by striking Section 12-47-250, as contained in SECTION 2, page 5, and inserting:
/Section 12-49-250. Such The list shall must be promptly entered of record by the clerk in a book to be kept by him he keeps in his office for that purpose, for which service the clerk shall be payed a fee of fifteen cents two dollars for each mortgage so listed and entered by him in such book, except that when ten or more mortgages shall be are listed together on one list the fee of the clerk shall be five cents is one dollar each for the number in excess of ten. Within ten days after the filing thereof its filing the clerk shall transmit such the list to the sheriff and the sheriff shall file it in his office as a record thereof and shall enter thereon on it the date it was he received by him it./
Amend further by striking SECTIONS 4 and 5 in their entirety.
Renumber to conform.
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Rep. HAYES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. G. BAILEY a leave of absence for the remainder of the day.
The following Bill was taken up.
S. 321 -- Senators Setzler, Nell W. Smith, Martschink, Rose, Mitchell, Macaulay, Giese, Lourie, Thomas, Mullinax and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-15 SO AS TO PROVIDE A PROCESS WHEREBY SCHOOLS CAN BE GIVEN THE FLEXIBILITY OF RECEIVING EXEMPTION FROM CERTAIN STATE REGULATIONS AND BY AMENDING SECTION 59-18-20 SO AS TO ESTABLISH A COMPETITIVE SCHOOL WIDE INNOVATION GRANTS PROGRAM.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4201U).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This act is known and may be cited as the "Target 2000-School Reform for the Next Decade" Act.
SECTION 2. Section 59-5-65(8) of the 1976 Code is amended to read:
"(8) Develop implement regulations requiring all school districts to provide providing at least one-half voluntary day early childhood development programs for four-year old children predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. The school districts may contract with appropriate groups and agencies to provide part or all of the programs. These programs must be developed in consultation with the Interagency Coordinating Council on Early Childhood Development and Education. The Interagency Coordinating Council shall consult with the Advisory Committee for Early Childhood Education in developing proposals to submit for State Board of Education consideration. In the event that If a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services. The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children in the 'high-risk' category by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on the readiness test and the BSAP tests administered in grades 1, 2, and 3. The Governor shall initiate the development of a state plan on early childhood development and education to assist the state in providing appropriate services for preschool children. This plan must be completed by July 1, 1985.
School districts without an early childhood development program during the 1988-1989 school year may obtain a waiver from the regulation requiring provision of a program. The waiver may be granted by the State Board of Education for one year, if a school district is unable to implement a program because of unavailability of classroom space and other facilities, including appropriate facilities which may be rented by the school district at a reasonable fee. School districts which are unable to implement a program because of a lack of district facilities may use a portion of the district's allocation under this program to rent appropriate space for one year. The portion of the district's allocation which may be used for rent must be determined by the State Board of Education."
SECTION 3. The 1976 Code is amended by adding:
"Section 59-1-450. Upon the appropriation of funds by the General Assembly for this purpose, the State Department of Education is directed to review programs which are effective in providing parents support in their role as the principal teachers of their preschool children. The purpose of the review is for the State Board of Education to select or adapt a program or programs, after consultation with the Select Committee, for implementation in South Carolina. The selected or adapted programs must provide parent education to parents and guardians who: (1) have children ages birth through three years who are at risk for school failure, and (2) who choose for their children to participate in the programs. The program or programs also should include developmental screening for children and offer parents of children from birth through three years opportunities to improve their education if the parents do not possess a high school diploma or equivalent certificate.
By regulation, the State Board of Education shall cause parent education programs to be implemented in all school districts. Implementation of the programs in the districts must be phased in over five years. At full implementation, the General Assembly shall provide funding in an amount which is sufficient to provide the programs to not less than sixty percent of those families with children who are ages birth through three years and who are at risk of school failure according to criteria established by the State Board of Education. From funds appropriated for the programs, each school district must be allocated an amount determined by computing the percentage of all families with at-risk children ages birth through three years served statewide as compared with those families who are served by the school district and multiplying this percentage by the total statewide appropriation for the program.
Regulations of the State Board of Education causing parent education programs to be implemented in the school districts must allow districts to develop or select an alternative program for implementation in the district, if the program meets criteria for initial approval by the Board. The Board's criteria for initial approval must include a requirement that school districts develop an evaluation component for the program which is acceptable to the Board or its designee. To continue to use an alternative program, a school district must demonstrate the success of the program in accordance with the approved evaluation component. A school district using an alternative program must receive an allocation from the appropriation by the General Assembly for this program which is equal to the allocation the district would receive if the district used the program or programs selected or adapted by the Board."
SECTION 4. Section 59-20-40(7) of the 1976 Code, as last amended by Act 522 of 1988, is further amended to read:
"(7) Annually in the General Appropriations Act the General Assembly shall determine an appropriation level for compensatory and remedial programs. The State Board of Education shall promulgate regulations to implement a system so as to provide a pro rata matching of the weighted pupil units to the pupils in districts of the State who fail to meet the statewide minimum standards in reading, writing, and mathematics or who do not meet the first grade readiness test standard. To accommodate the level of the total appropriation for compensatory and remedial programs, the State Board of Education shall allocate the funding of weighted pupil unit increments according to the following order of priority:
(1) all students scoring below BSAP standard on any portion of the exit examination at a remedial weight of .114;
(2) grades 1-6 compensatory at a weight of .26;
grades 1-6, students scoring at or below the 25th percentile at a compensatory weight of .26;
(3) grades 2-6 remedial below BSAP standard but above the 25th percentile at a weight of .114; grades 1-6, students scoring above the 25th percentile but below BSAP standard at a remedial weight of .114;
(4) grades 7-10 remedial below the 25th percentile at a weight of .114;
grades 7-10, students scoring below the 25th percentile at a remedial weight of .114;
(5) after all students eligible under priorities 1, 2, 3, and 4 above are funded, students classified as remedial below the BSAP standard but above the 25th percentile in grades 2-6 must be funded as compensatory students, at a weight of .26 starting progressively with the second grade and moving through the sixth grade as funds permit; scoring above the 25th percentile but below BSAP standard in grades 1-6 who are classified as remedial must be funded as compensatory students, at a compensatory weight of .26, starting progressively with the first grade and moving through the sixth grade as funds permit;
(6) after all students eligible under priorities 1, 2, 3, 4, and 5 above are funded, students classified as remedial below BSAP standard but above the 25th percentile in grades 7-10 must be funded at a scoring above the 26th Percentile but below BSAP standard in grades 7-10 who are classified as remedial must be funded at a remedial weight of .114 starting progressively with the seventh grade and moving through the tenth grade as funds permit;
(7) after all students eligible under priorities 1, 2, 3, 4, 5, and 6 above are funded, students classified as remedial in grades 7-12 must be funded as compensatory at a weight of .26 starting progressively with the seventh grade and moving through the twelfth grade as funds permit.
No student who scores at or above BSAP standard is eligible for either compensatory or remedial funding. The district's total number of students scoring at the compensatory or remedial level as defined in the priorities as provided in this section must be the number of students constituting one hundred percent to be served. Any district not serving one hundred percent of its eligible compensatory and remedial children funded as provided in this section must shall have its allocation reduced proportionately on a per pupil basis. When one hundred percent of the eligible students in one category are served, school districts may use uncommitted funds to serve eligible students in the other category according to the priorities cited above. The Board of Education shall promulgate regulations to insure maximum utilization of state and Chapter 1 funds to achieve the purpose of this proviso. By not later than the 1990-91 school year, the General Assembly shall appropriate sufficient funds to provide programs to all eligible students in priority one through priority six. Nothing in this section prohibits the General Assembly from appropriating funds to the Department of Education for block grants to address basic skills remediation in early childhood development in the school districts of the State. Nothing in this section prohibits a school district from using funds appropriated pursuant hereto to this section for compensatory and remedial programs in summer school in the following fiscal year.
SECTION 5. Chapter 65 of Title 59 of the 1976 Code is amended by adding:
Section 59-65-410. For purposes of this article, a 'dropout' is a pupil who leaves school for any reason, except death, before graduation or completion of a course of studies and without transferring to another school.
Section 59-65-420. The State Board of Education, acting in consultation with and assistance from the Select Committee, shall cause programs designed to reduce and recover dropouts to be developed and implemented statewide. Full funding for these programs must be provided by the General Assembly in the annual general appropriations act.
Section 59-65-430. (A) The funding and establishment of dropout prevention and retrieval programs in schools statewide must be phased-in over a five-year period. The General Assembly shall appropriate funds in fiscal year 1989-90 for planning, technical assistance, program development, and pilot testing components for a dropout prevention and retrieval program in approximately twenty percent of the schools designated by the State Board of Education upon the recommendation of the Select Committee. Pilot testing must be expanded to include approximately forty percent of the schools in school year 1990-91. During pilot testing, the following programs among others may be evaluated for their success in reducing or recovering dropouts:
(1) parent training programs adequate to address the types of home learning deficiencies experienced by most potential dropouts;
(2) parent contact and involvement programs and procedures designed to assure parent understanding of their children's learning problems and shortcomings and of individual class instructional objectives;
(3) individual student plans for those students of highest risk of dropping out;
(4) individually appropriate remediation of academic deficiencies predictive of dropping out;
(5) mentors, such as teachers, paraprofessionals, and community and business volunteers, for middle, junior, and senior high school students having difficulty with school;
(6) part-time employment opportunities through partnerships with businesses for students who have overcome failing grades or poor attendance, with the employment related and relevant to the student's education;
(7) high interest enriched programs that concentrate on academic skills, life skills, and preparation for work and which are supported by the employment of the most successful teachers and are provided through summer school, an extended school year, or an extended school day;
(8) alternatives to suspending students from attendance at school;
(9) opportunities and procedures for approving additional opportunities for students to remove a sufficient number of unlawful absences to attain the minimum number of days necessary to receive consideration for course credit;
(10) creation of an interagency team to assist potential dropouts at each middle, junior, and high school; and
(11) the relative effectiveness of various methods of teaching reading.
(B) At the conclusion of pilot testing, the State Board of Education, in consultation with the Select Committee, shall promulgate regulations requiring each school district receiving state funds under this section to develop or implement written plans detailing a comprehensive dropout prevention and retrieval program using programs or program components found to be effective during pilot testing. The regulations must allow districts to develop or select other programs for implementation in the district, including programs expanding or extending existing state or locally funded programs for students who are at risk of dropping out of school, if the programs meet criteria for initial approval by the Board. The Board's criteria for initial approval must include a requirement that school districts develop an evaluation component for the programs, which is acceptable to the Board or its designee. To continue to use the alternative programs developed or selected by the district, the school district must demonstrate the success of the programs in accordance with the approved evaluation component. The regulations must also require districts to give priority for the use of funds allocated under this article to dropout prevention programs in the lower grades.
(C) The State Board of Education shall approve district plans which meet the criteria established by regulation and shall waive those regulations as requested by the schools and district when waiver of the regulations bears a rational relationship to the success of the proposed program.
(D) In fiscal year 1993-1994, the General Assembly shall appropriate sufficient funds for the statewide operation of dropout prevention and retrieval programs. Funds must be allocated to the school districts on the basis of a formula that incorporates a base allocation in addition to each district's total weighted pupil units and its average attrition rate in grades 9 through 12 over the most recent five years.
Section 59-65-440. An adequate number of the schools and districts selected for pilot testing must be chosen for the purpose of serving as lead schools or school districts in a network of schools and districts which will cover all regions of the state. Beginning with the 1990-91 school year, lead schools and school districts shall initiate and provide for on-going discussions and work sessions among schools and districts within a network or networks on strategies for implementing programs which are successful in reducing and recovering dropouts. The State Board of Education shall assist lead schools and school districts in their function as lead schools and districts and shall facilitate the successful operation of the network by distributing funds to the networks in accordance with procedures approved by the State Board of Education in consultation with the Select Committee and Business-Education Subcommittee and in accordance with appropriations provided by the General Assembly.
Section 59-65-450. In consultation with the Select Committee, the State Board of Education shall establish minimum standards for evaluating school and district dropout prevention and retrieval programs. The minimum standards shall include, but not be limited to, reduction in dropout rates or maintenance of low dropout rates.
Section 59-65-460. Each year after the 1991-1992 school year, the State Department of Education shall apply the standards set pursuant to Section 59-65-450 to all schools and school districts which have received state funds to operate a dropout prevention and retrieval program for at least one year. When application of the standards indicates that a school's or district's dropout prevention and retrieval program is deficient, the State Board of Education shall direct the district board of trustees to:
(1) study the dropout prevention and retrieval program in the school or district,
(2) identify factors rendering the program deficient,
(3) by not later than March fifteenth, submit for approval to the State Board of Education a plan for corrective action. During the period that a school's or district's program is designated as deficient, the State Department of Education shall monitor and provide feedback on the program and the corrective action plan and continuously furnish advice and technical assistance. If a school or district fails to satisfactorily implement the corrective action plan within six months of approval of the plan, the failure must be indicated in the status of the school's or district's accreditation classification. Funds for monitoring and technical assistance under this provision must be provided by the General Assembly in the annual general appropriations act.
Section 59-65-470. To enable the Wil Lou Gray Opportunity School to inform dropouts of the school's academic and vocational training programs, the State Department of Highways and Public Transportation shall allow the Wil Lou Gray Opportunity School access at reasonable intervals to the names and addresses of students reported to the Department as dropouts by the school districts.
SECTION 6. Sections 56-1-40, 56-1-50, and 56-1-180 of the 1976 Code are amended and Sections 56-1-45 and 66-1-46 are added to the 1976 Code to read:
"Section 56-1-40. The department shall not issue any motor vehicle driver's license under this article to any:
(1) Any person who is under sixteen eighteen years of age, except as provided under Section 56-1-50, 56-1-180, or 56-1-46 and Section 56-1-45 that the Department may issue a beginner's or instruction permit as provided in Sections 56-1-50 and 56-1-60 to any person who is at least fifteen years of age and except that the Department may issue a special restricted driver's license to any person who is at least fifteen years old and less than sixteen years as provided in Section 56-1-180;
(2) Any person whose license has been suspended during such suspension or any person whose license has been revoked, except as otherwise provided for in this article;
(3) Any person who is an habitual drunkard, an habitual user of narcotic drugs or an habitual user of any other drug to a degree which renders him incapable of safely driving a motor vehicle;
(4) Any person who previously has previously been adjudged to be afflicted with or suffering from any mental disability or mental disease and who has not at the time of application been restored to competency by methods provided by law;
(5) Any person who is required by this article to take an examination, unless such the person successfully shall have successfully passed such the examination;
(6) Any person who is required under the laws of this State to deposit proof of financial responsibility and who has not deposited such the proof; or
(7) Any other person who may not be issued a license as otherwise provided by the laws of this State.
Section 56-1-45. (A) The minimum age at which a person may be issued any driver's license or permit by the department is eighteen years, unless:
(1) the person has a high school diploma, state high school certificate, a General Education Development certificate, a local high school certificate; or
(2) the person is enrolled in an institution of higher education or in a school or program which meets the requirements of Section 59-65-10 or 59-65-40 and;
(a) the person has conformed to the attendance laws, regulations, and policies of his school, school district, and the State Board of Education, as applicable;
(b) the person is not expelled from school;
(c) the person in an elementary or secondary education program is making satisfactory progress toward high school graduation, and;
(d) the person in an elementary or secondary education program is not a dropout according to criteria established by the State Board of Education for purposes of this section and Sections 56-1-40, 56-1-46, 56-1-50, and 56-1-180.
(B) A person under the age of eighteen years applying for a driver's license shall provide to the department one of the following:
(1) proof of graduation from high school, a state high school certificate, or a local high school certificate;
(2) his General Education Development Certificate;
(3) documentation as provided in subsection (C) from his school of attendance stating that the applicant conforms to the requirements of item (2) of subsection (A) of this section.
(4) documentation of enrollment in an institution of higher education in a manner and upon a form prescribed and provided by the Department of Highways and Public Transportation.
(C) Upon request, the school superintendent or his designee shall provide any student at least fifteen years of age with documentation of enrollment status on a form prescribed and provided by the South Carolina Department of Highways and Public Transportation. The documentation shall indicate if the student is currently properly enrolled and in compliance with the requirements of item (2) of subsection (A) of this section.
(D) The principal or his designee shall notify the South Carolina Department of Highways and Public Transportation whenever a student fifteen years of age or older drops out or is considered dropped out of school. For purposes of this provision, the State Board of Education shall promulgate regulations to define when a student is considered a drop out. If the person holds a driver's license, the department shall suspend the license. The suspension period shall last until the student's eighteenth birthday or until he is re-enrolled in school for a minimum of thirty school days, unless an exception is granted pursuant to subsection (E).
(E) If the family court determines that a personal or family hardship exists that requires a person to obtain a driver's license for employment or medically related purposes, the court may authorize the issuance of a license or permit for a person who was denied a license or permit or whose license or permit has been suspended pursuant to this section. The request must be made on a form approved and provided by the South Carolina Department of Highways and Public Transportation.
(F) A person whose license is suspended under this section is not required to file proof of financial responsibility as required under Section 56-9-500 prior to the reinstatement of the person's license.
Section 56-1-46. Any person who is at least sixteen years of age may apply to the department for a driver's license. After the applicant has successfully passed the examinations required by Section 56-1-130 and demonstrated compliance with Section 56-1-45, the department may issue the applicant a driver's license.
Section 56-1-50. Any person who is at least fifteen years of age may apply to the department for a beginner's permit. The department may, after the applicant has successfully passed all parts of the examination other than the driving test, and demonstrated compliance with Section 56-1-45, issue to the applicant a beginner's permit which shall entitle the applicant having such the permit in his immediate possession to drive a motor vehicle upon the public highways for a period of not more than six months. While so driving such the permittee must be accompanied by a licensed driver twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except in the event the permittee is operating a motorcycle. Any A beginners permit may be renewed or a new permit issued for additional periods of six months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe that the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass such the road test. The fee for every beginner's or renewal permit shall be is two dollars and the permit shall bear thereon the full name, date of birth, residence address, and a brief description and color photograph of the permittee and either a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No permit shall be is valid until it has been as signed by the permittee.
Any student regularly enrolled regularly in a high school of this State which conducts a driver's training course shall is not be required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.
Also exempted from the requirement of the beginners permit are persons enrolled in driver training courses conducted by driver training schools licensed under Chapter 23 of this title. Provided, however, that such However, these persons shall must at all times be accompanied by an instructor of the school and drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law.
Section 56-1-180. The department may issue a special restricted driver's license to any person who is at least fifteen years old and less than sixteen years old, and has demonstrated compliance with Section 56-1-45, who has successfully passed such the road tests or otherwise as the department may in its discretion prescribe, which special restricted driver's license shall be is valid and lawful only under the following conditions:
(1) in the operation of all type vehicles, except that between the hours of six o'clock P.M. and six o'clock A.M. the holder of such the special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian; provided, that commencing on the day daylight-saving time goes into effect through August thirty-first the holder of such a license need not be so accompanied prior to before eight o'clock P.M.;
(2) in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and
(3) in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less."
SECTION 7. Chapter 63 of Title 59 of the 1976 Code is amended by adding:
"Section 59-63-70. Through modifications appropriations formula for higher education, the Commission on Higher Education shall encourage colleges and universities to implement public service activities designed to inspire young people to consider post-secondary education or training as a viable and realistic objective and as a method of improving their opportunities in life. The public service activities shall encourage young people to be successful in school and persist to graduation as a first and necessary requirement for participation in post-secondary education. The Commission on Higher Education shall promulgate regulations to govern those public service activities which shall be encouraged through the formula."
SECTION 8. The 1976 Code of Laws is amended by adding:
"Section 59-29-179. The State Board of Education shall establish a committee, which includes but is not limited to personnel from the State Department of Education, school districts, and institutions of higher education. The purpose of the committee shall be to assist the State Board of Education in the identification of the dimensions of thinking which shall constitute 'higher order thinking and problem solving' for purposes of Sections 59-26-30(b)(3), 59-26-30(b)(7), 59-26-30(j), 59-29-179, 59-29-180, 59-29-181, 59-29-182, 59-29-183, and 59-30-110, 59-31-600."
SECTION 9. Section 59-26-20 of the 1976 Code is amended by adding a new item appropriately numbered to read:
"( ) Adopt program approval standards so that beginning with the 1991-92 school year students, who are pursuing a program in a college or university in this State which leads to certification as instructional or administrative personnel, shall complete successfully training and teacher development experiences in teaching higher order thinking skills."
SECTION 10. Section 59-26-30(b)(3) of the 1976 Code is amended to read:
"(b)(3) Develop an observational instrument to be used by the local school district to evaluate a teacher during his provisional year of teaching in such that form that the results of the evaluation can be used to inform a teacher of his strengths and weaknesses. The State Board of Education shall cause the instrument to be adapted by not later than the beginning of the 1993-1994 school year to require specific performance demonstrations of teaching higher order thinking skills in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure. The instrument, including the additional observation statements for teaching higher order thinking skills, shall must be validated in accordance with current legal requirements."
SECTION 11. Section 59-26-30(b)(7) of the 1976 Code is amended to read:
"(b)(7) Develop an evaluation instrument to be used by colleges and universities to evaluate all student teachers. The instrument shall must be developed on the basis of acceptable criteria for teaching effectiveness. The instrument shall must be designed to provide feedback and assistance to the student teacher regarding any identified deficiencies. Not later than the beginning of the 1993-1994 school year, the State Board of Education shall adapt the instrument to include observation statements for teaching of higher order thinking skills in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure."
SECTION 12. Section 59-26-30(j) of the 1976 Code is amended to read:
(j) Establish procedures whereby each school district shall periodically evaluate periodically in the classroom all certified personnel whose duties include teaching in the classroom. The evaluation instrument to be used in the evaluations shall must be one that at least meets the criteria established by the State Board of Education as an acceptable instrument. By the beginning of the 1993-1994 school year, the State Board of Education shall include in its criteria for an acceptable instrument a requirement that the instrument evaluate teaching higher order thinking skills and problem solving in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure. School districts shall give the results of a teacher's evaluation in writing to the teacher and shall counsel him concerning his strengths and weaknesses as a teacher. School districts shall use deficiencies identified by the evaluations as a guide to the establishment of individual or group staff development programs."
SECTION 13. The 1976 Code is amended by adding:
"Section 59-31-600. When the State Board of Education determines that textbook adoptions are needed in a specific field, the board shall direct evaluating and rating committees to assess textbooks for the presentation of instructional materials which develop higher order thinking skills and problem solving. The results of each evaluating and rating committee's assessment must be included in its written report to the State Board of Education. Where otherwise satisfactory, the evaluating and rating committee shall recommend and the State Board of Education shall adopt textbooks which develop higher order thinking skills."
SECTION 14. Section 59-29-180 of the 1976 Code is amended to read:
"Section 59-29-180. The State Department of Education and all school districts shall emphasize higher order problem solving skills in curricula at all levels. The State Department of Education shall assist the school districts by locating, developing, and advising the districts on the development of materials and other aids which may be used to teach higher order problem solving skills within existing subjects."
SECTION 15. The 1976 Code is amended by adding:
"Section 59-29-181. When selecting nationally normed achievement tests for the statewide testing program, the State Board of Education shall endeavor to select tests with a sufficient number of items which may be utilized to evaluate student's higher order thinking skills. The items may be used for this purpose only if the test created from the items meets applicable criteria set forth in the American Psychological Association publication 'Standards for Educational and Psychological Testing'."
SECTION 16. The 1976 Code is amended by adding:
"Section 59-30-110. When test items for the tests prescribed by this chapter are revised, the State Board of Education shall include test items which may be utilized to evaluate students' higher order thinking skills."
SECTION 17. The 1976 Code is amended by adding:
"Section 59-29-182. The State Board of Education shall review the use of procedures to assess student achievement in higher order thinking and problem solving skills which are different from traditional achievement tests."
SECTION 18. The 1976 Code is amended by adding:
"Section 59-29-183. The State Department of Education shall develop or select in-service training programs for teachers and staff in teaching higher order thinking and problem solving as part of the existing curriculum. Upon funding for district implementation of the program by the General Assembly, the State Department of Education shall ensure that each school district implements teacher in-service training in higher order thinking and problem solving on a schedule to train all teachers and staff within five years."
SECTION 19. Section 59-20-40(1)(c) of the 1976 Code, as amended by Section 2 of Act 593 of 1988 and Section 10 of Act 658 of 1988, is further amended to read:
"(c) Weightings, used to provide for relative cost differences, between programs for different students are established in order that funds may be equitably distributed on the basis of pupil needs. The criteria for qualifications for each special classification must be established by the State Board of Education according to definitions established in this article and in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, and 59-53-1900. Cost factors enumerated in this section must be used to fund programs approved by the State Board of Education. Pupil data received by the Department of Education is subject to audit by the department. Cost factors or weightings are as follows:
Pupil Classification Weightings
(1) Kindergarten pupils 1.30
(2) Primary pupils (grades 1 through 3) 1.24
(3) Elementary pupils (grades 4 through 8) -- base students 1.00
(4) High school pupils (grades 9 through 12) 1.25
Special Programs for Exceptional Students Weightings
(5) Handicapped 1.74
a. Educable mentally handicapped pupils
b. Learning disabilities pupils
(6) Handicapped 2.04
a. Trainable mentally handicapped pupils
b. Emotionally handicapped pupils
c. Orthopedically handicapped pupils
(7) Handicapped 2.57
a. Visually handicapped pupils
b. Hearing handicapped pupils
(8) Speech handicapped pupils 1.90
(9) Homebound pupils 2.10
Vocational Technical Programs Weightings
(10) Prevocational 1.20
(11) Vocational 1.29
Add-on Weights for Compensatory and Remediation Weightings
(12) Grades 1-6 Compensatory 0.39 0.26
(13) Grades 2-6 Remediation 0.10 0.114
(14) Grades 7-12 Remediation 0.12
Adult Education
(15)(14) Adult Education 0.15
Add-on Weights for Arts Education
(16)(15) Arts Education 0.02
No local match is required for adult education and the number of weighted pupil units funded depends on funding available from the general fund of the State and the Education Improvement Act of 1984 Fund.
Each student in the State must be counted in only one of the first eleven pupil classifications. Students determined to need compensatory instruction and remediation must be counted additionally under the twelfth through fourteenth classification. If a student is determined not to meet minimum standards in reading, mathematics, or writing of the Basic Skills Assessment Act or is 'not ready' for first grade, and qualifies under state department regulations, a pupil may be counted once for each area for the purposes of calculating the district's remedial weighted pupil units. The State Board of Education must determine the qualifications for each classification in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, and 59-53-1900, and Chapter 30 of this title. The program for each classification must meet specifications approved by the State Board of Education.
School districts may count each student who is instructed at home under the provisions of Section 59-65-40 in the district's weighted pupil units at a weighting of .25 for supervising, overseeing, or reviewing the student's program of home instruction. No local match is required for students instructed at home under the provisions of Section 59-65-40.
All students in grades one through six and students in grades seven through twelve who are enrolled in arts education courses must be counted under the fifteenth pupil classification in addition to one through eight, ten and eleven. Funds generated under the fifteenth pupil classification must be used by school districts to:
(1) plan, develops, and implement discipline based arts education curricula in the visual arts, music, dance, or drama compatible with the State Department of Education discipline based arts education curriculum framework:
(2) provide teacher in-service training programs for arts specialists or appropriate classroom teachers or both which are approved by the State Department of Education working with the states colleges and universities;
(3) hire certified arts specialists or contract with professional artists approved by the South Carolina Arts Commission to assist certified arts specialists or appropriate classroom teachers or both in planning, developing and implementing discipline-based arts education curricula. The State Board of Education shall establish regulations related to the in-service training and curriculum development in cooperation with the Arts in Basic Curriculum Steering Committee. These regulations shall encourage innovation and flexibility and reflect the integrity of instruction required by each arts discipline. These regulations must be developed in cooperation with school and district-level teachers and administrators.
School districts are not required to provide a local match for the cost of the arts education program funded through the 'arts education' weighting established in this section. It is the intent of the General Assembly to phase in the arts education program and funding for the arts education program at the specified weighting over five years in substantially equal annual intervals."
SECTION 20. Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-15. Notwithstanding any other provision of law, a school is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the Defined Minimum Program, the Basic Skills Assessment Program, and the Remedial/Compensatory Program, provided that, during a three-year period, the following criteria are satisfied:
(1) the school has twice been a recipient of a school incentive grant pursuant to Section 59-18-10;
(2) the school has met annual NCE gain requirements for reading and mathematics compensatory programs pursuant to Section 59-5-65;
(3) the school has exhibited no recurring accreditation deficiencies; and
(4) the school has annually exhibited a school gain index value at or above the state average as computed in the school incentive grant program pursuant to Section 59-18-10.
Schools receiving flexibility status are released from those regulations and statutory provisions referred to above including, but not limited to, regulations and statutory provisions on class scheduling, class structure, and staffing. The State Board of Education in consultation with the Select Committee and the Business-Education Subcommittee must promulgate regulations and develop guidelines for providing this flexibility by December 1, 1989.
To continue to receive flexibility pursuant to this section, a school must annually exhibit a school gain index value at or above the state average as computed in the school incentive award program pursuant to Section 59-18-10 and must meet the NCE gains required for reading and mathematics compensatory education program pursuant to Section 59-5-65. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board of Education for an extension of this status for one year.
In the event that a school is removed from flexibility status, the school is not subject to regulations and statutory provisions exempted under this section until the beginning of the school year following notification of the change in status by the State Department of Education. Subsequent monitoring by the State Department of Education in a school that is removed from flexibility status shall not include a review of program records exempted under this section for the period that the school has received flexibility status or for the school year during which the school was notified of its removal from flexibility status."
SECTION 21. Section 59-18-20 of the 1976 Code is amended to read:
"Section 59-18-20. (A) The State Board of Education, acting through the State Department of Education, shall establish a competitive grant program whereby schools may be awarded grants to implement exemplary and innovative programs designed to improve instruction. These programs may include more effective utilization of substitute teachers at the individual school level.
(B) To encourage public schools to implement innovative and comprehensive approaches for improving student development, performance, and attendance, a competitive school innovation grants program is also established. Funds for the competitive school innovation grants program are as provided by the General Assembly in the annual general appropriation act. The State Board of Education, acting through the State Department of Education, must provide by regulation for this competitive grants program. All schools are eligible to apply for these grants.
A committee composed of members of the Business-Education Partnership for Excellence in Education and anointed by the chairman of the Business-Education Partnership shall recommend to the State Board of Education the criteria and guidelines to be used in evaluating each grant application. The criteria must include, but not be limited to, the involvement of teachers, parents, students, businesses, and school improvement councils in the development, application, and implementation of the grant proposal. Grant Proposals which involve the greatest percentage of students and staff must receive priority consideration for funding. The State Department of Education and at least two members of the Business-Education Partnership, appointed by the chairman of the Partnership and representing the business community, must review all grant applications and must recommend to the State Board of education grant recipients.
Each grant award for planning purposes cannot exceed five thousand dollars for each school. Each grant award for program implementation cannot exceed ninety thousand dollars over a three year period. Grant awards may include funds for the purchase of technical assistance.
To qualify for an additional grant award beyond the initial three years, a school must exhibit a school gain index value at or above the state average as computed in the school incentive grant program pursuant to Section 59-18-10 at least once during the initial three-year grant period.
The State Board of Education must give special consideration for waivers of regulations and reporting requirements to those schools receiving these grant awards.
Any unexpended balance of an appropriation for these school innovation grants on June thirtieth of a fiscal year must be carried forward and expended for the same purpose during the next fiscal year."
SECTION 22. The 1976 Code is amended by adding:
"Section 59-18-25. To provide support and training for teachers and principals in their efforts to design and implement innovative programs, the Commission on Higher Education, in consultation with the State Board of Education, shall establish a 'Center for the Advancement of Teaching and School Leadership' at a selected public college or university. The center shall provide a program for school change consisting of intensive short term institutes for teams of teachers and administrators who are committed to creating innovative programs in their schools. Priority assistance must be given to schools which have received grants to implement innovative programs under Section 59-18-20. The program must be provided through the center in conjunction with regional centers in other colleges and universities in the state. The center shall not duplicate the services of existing training programs conducted by the State Department of Education or other institutions of higher education. School teams shall work with center staff and consultants to analyze the needs of the team's school and consider strategies to bring about meaningful change from within the school. School teams shall set goals and analyze their roles and responsibilities in the change process. An evaluation component must be developed for each school with input from the school team, the school district administration, center staff, and consultants in school effectiveness and change. After school teams return to their schools, the primary and regional centers shall provide on-site support and expertise as needed by school teams. A portion of the funds for this program must be budgeted for on-site assistance to school teams by the primary and regional centers."
SECTION 23. The 1976 Code is amended by adding:
"Section 59-25-55. The South Carolina Center for Teacher Recruitment shall establish a program with the sole purpose of expanding the number of high achieving minority students entering and completing teacher education programs. The program shall include, but not be limited to, identification of minority high school students who have an interest in teaching and recruitment of those students into the teacher cadet program, personal counseling of minority students in the teacher cadet program about high demand certification areas, college opportunities, and general financial aid, establishment of a recruitment plan and an intensive effort to attract qualified minorities into the Critical Needs Certification Program established pursuant to Section 59-26-30(o), and a special recruitment effort focusing on middle school minority students."
SECTION 24. The 1976 Code is amended by adding:
"Section 69-18-31. By the 1993-1994 school year, the State Board of Education, in consultation with the Select Committee, shall develop additional criteria which must be used to evaluate the quality of education in the school districts. The additional criteria must include measures of higher order thinking skills and problem solving, when two annual statewide administrations of tests validated for this purpose have been accomplished."
SECTION 25. The 1976 Code is amended by adding:
"Section 59-18-11. By not later than the 1991-1992 school year, the criteria secondary schools must meet to qualify for a school incentive award must include reduction in dropout rates or maintenance of low dropout rates. By not later than the 1993-1994 school year, the criteria schools must meet to qualify for a school incentive award must include exceptional or improved performance in higher order thinking and problem solving, provided that two annual statewide administrations of tests validated for this purpose have been accomplished."
SECTION 26. Chapter 6, Title 59 of the 1976 Code is amended by adding:
"Section 59-6-15. (A) There is created the Business-Education Partnership for Excellence in Education and a permanent standing subcommittee of the Partnership for the purpose of reviewing the implementation of the South Carolina Education Improvement Act of 1984 and recommending other major education initiatives.
The Business-Education Partnership for Excellence in Education consists of the following persons:
(1) Thirty-two prominent civic and business leaders of which fourteen are appointed by the Governor; six appointed by the State Superintendent of Education; six appointed by the Speaker of the House of Representatives; and six appointed by the President of the Senate;
(2) Twenty educators of which eight are appointed by the State Superintendent of Education; four appointed by the Governor; four appointed by the Speaker of the House of Representatives; and four appointed by the President of the Senate;
(3) Speaker of the House of Representatives or designee;
(4) Lieutenant Governor or his designee;
(5) Chairman of the Education and Public Works Committee of the House of Representatives or his designee;
(6) Chairman of the Education Committee of the Senate or his designee;
(7) Chairman of the Ways and Means Committee of the House of Representatives or his designee;
(8) Chairman of the Finance Committee of the Senate or his designee;
(9) Chairman of the Committee on Children or his designee;
(10) Chairman of the Select Committee or his designee;
(11) Two legislators appointed by the Governor, one a member of the House of Representatives and one a member of the Senate; and
(12) The Governor and State Superintendent of Education shall serve as ex officio members.
The term of office of the members of the Business-Education Partnership must be four years except that of those first appointed an equal number must serve terms of two, three, and four years respectively as determined by lot. Except in those cases where the term of a member of the Business-Education Subcommittee has not expired, no member of the Business-Education Partnership may serve more than two consecutive terms. The number of appointments provided for in items (1) and (2) above must be reduced proportionately by the membership requirements of subsection (B) of this section.
The chairman of the Business-Education Partnership for Excellence in Education must be elected by the members of the Partnership and must be chosen from among the thirty-two business and civic leaders serving on the Partnership. The Business-Education Partnership must meet at the call of the chairman but not less than quarterly. The Governor must preside at all regular and special meetings of the Partnership in which he is in attendance; at those meetings at which the Governor is not in attendance the State Superintendent of Education must preside, and in the absence of the Superintendent, the chairman of the Partnership must preside.
The Partnership in conjunction with the State Department of Education may cause to be held statewide public forums for the purpose of fostering open discussions regarding the impact of the Education Improvement Act on the State's education system and education reform in general.
(B) The Business-Education Partnership must establish a permanent standing subcommittee called the Business-Education Subcommittee. The Subcommittee must be composed of twenty members of the Business-Education Partnership elected by the Business-Education Partnership. The composition of the Subcommittee must be:
(1) Ten civic and business leaders;
(2) Six educators; and
(3) Four legislators.
The eighteen members serving on the Joint Business-Education Subcommittee must remain on the Business-Education Subcommittee as reconstituted on the effective date of this section. The term of office for members of the Business-Education Subcommittee must be six years except that of the initial members an equal number must serve terms of two, four, or six years respectively as determined by lot. The chairman of the Subcommittee is to be elected by the members of the Subcommittee and must be one of the ten civic and business leaders serving on the Subcommittee. Vacancies on the Subcommittee must be filled from the membership of the Business-Education Partnership by a majority vote of the members of the Partnership."
SECTION 27. Section 59-6-20 of the 1976 Code is amended to read:
"Section 59-6-20. The Governor and State Superintendent of Education shall reconvene, no less than annually, the Committee on Financing Excellence in Public Education and the Steering Committee of the Education-Business Partnership to review the implementation of the South Carolina Education Improvement Act of 1984 and consider improvements to the act.
The State Board of Education and State Superintendent of Education shall must establish within the State Department of Education a special unit at the division level called the Public Accountability Division. This special unit must be eliminated six years from the date of implementation of the Education Improvement Act by July 1, 1995. The unit head shall hold a position comparable to a Deputy Superintendent and must be under the direct supervision of and shall report to the State Superintendent of Education.
The Deputy Superintendent shall must provide all reports to the Governor, Select Committee, joint subcommittee of the Committee on Financing Excellence in Public Education Business-Education Partnership for Excellence in Education, Business-Education Subcommittee, and State Board of Education and respond to any inquiries for information.
The joint subcommittee and Steering Committee of the Education- Business Partnership Business-Education Subcommittee shall serve as a screening committee for the selection of the unit head. The screening committee shall recommend for consideration three applicants. Final selection of the unit head must be made by the State Superintendent of Education after consulting with the Governor. All other positions must be filled following current State Personnel and State Department of Education employment procedures.
The new unit is responsible for planning, monitoring, and reviewing programs developed under the Education Improvement Act and shall provide information, recommendations, and an annual assessment of the Education Improvement Act to the Governor, Select Committee, and joint subcommittee Business-Education Subcommittee.
The operating procedures for the new unit are the same as the operating procedures for the three established divisions in the State Department of Education. The joint subcommittee Business-Education Subcommittee shall review and approve all products produced by the new unit and make recommendations to the State Board of Education for final approval."
SECTION 28. Section 59-6-30 of the 1976 Code is amended to read:
"Section 59-6-30. The State Board of Education shall provide an assessment of the South Carolina Education Improvement Act of 1984 for consideration by the Business-Education Partnership Subcommittee, the Committee on Financing Excellence in Public Education, and the General Assembly. A special assessment shall be provided on March 1, 1985, Commencing in 1985, an annual assessment must be provided by December first of each year and an appropriate amount of funding must be provided for this purpose. The Business-Education Partnership Subcommittee and the Committee on Financing Excellence in Public Education shall provide a report on the assessment to the Business-Education Partnership, and the Partnership shall submit their its recommendations to the General Assembly prior to January February first. The staff of the Business-Education Subcommittee shall serve as the primary staff to the Business-Education Partnership and may solicit the assistance of the staffs of the House Education and Public Works Committee, the Senate Education Committee, the Select Committee, the Public Accountability Division, and the Governor's Office."
SECTION 29. Section 59-24-50 of the 1976 Code is amended to read:
"Section 59-24-50. The South Carolina Department of Education's Leadership Academy shall develop, in cooperation with state-supported institutions of higher education, new training programs and expand current training programs available to present and prospective school administrators with particular emphasis on effective instructional leadership. By January 1, 1990, these training programs must be developed with particular emphasis on effective instructional leadership as it pertains to school-based improvement, including instruction on the importance of school improvement councils and ways administrators may make school improvement councils an active force in school improvement. The training must be developed and conducted in collaboration with the School Council Assistance Project."
SECTION 30. Section 59-26-20 of the 1976 Code is amended by adding a new item to read:
"( ) Adopt program approval standards so that beginning with the 1991-92 school year, programs in a college or university in this state which lead to certification as administrative personnel, must include training in methods of making school improvement councils an active and effective force in improving schools."
SECTION 31. Section 59-20-60(3) of the 1976 Code is amended to read:
"(3) Each school district board of trustees shall cause each school in the district to prepare an annual written report to be known as the school improvement report. The reports shall focus on factors found by research to be effective in improving schools, such these factors to be prescribed by regulation of the State Board of Education. The State Board of Education shall prescribe the format of the reports and the manner in which they must be developed and submitted. Each school board of trustees shall establish an improvement council at each school in the district composed of at leant two parents, elected by the parents of the children enrolled in the school; at least two teachers, elected by the faculty; at least two students in schools with grades nine and above elected by the students; other representatives of the community and persons elected by the principal; Provided, However, That the The elected members of the council shall comprise at least a two-thirds majority of the membership of the council. The councils must be constituted in each school no later than January 1, 1978. Each council shall assist in the preparation of the annual school improvement report required in this section, shall assist with the development and monitoring of school improvement, shall provide advice on the use of school incentive grant awards, and shall provide such assistance as the principal may request as well as carrying out any other duties prescribed by the local school board. The local school board shall make provisions to allow any council to file a separate report to the local school board if the council considers it necessary. However, no council shall have any of the powers and duties reserved by law or regulation to the local school board. Notwithstanding any other provisions of this item, when an area vocational center establishes a local school improvement council, it shall must be composed as defined exclusively by federal law. The council shall perform all duties and responsibilities provided for in any state or federal law which applies to such these councils.
In order to provide additional accountability for funds expended under the Education Finance Act and the Education Improvement Act the elected members of the school improvement council shall serve a minimum term of two years. Parents of students or students in their last year of enrollment at an individual school may serve terms of one year only. The terms shall must be staggered and shall be determined by lot. Elections of members to school improvement councils shall occur no later than October fifteenth of the school year. Within thirty days following the election, the names and , addresses, terms of service, and status of all council members as a parent, teacher, student, or representative of the community shall must be forwarded to the State Department of Education for the purpose of sharing information. The district board of trustees shall include in its annual district report a summary of the training opportunities provided or to be provided for school improvement council members and professional educators in regard to council-related tasks and a summary of programs and activities involving parents and citizens in the school."
SECTION 32. The 1976 Code is amended by adding:
Section 59-1-452. The Public School Employee Cost Savings Program is established for the purpose of making cash awards to individual school district employees for cost saving ideas which are proven to be workable and improve educational effectiveness. The program must be administered by the State Department of Education with the advice and assistance of a special committee to screen suggested ideas and recommend those with potential merit to be implemented and evaluated. The committee must be composed of:
(1) one member who is serving on a public school board, appointed by the State Board of Education;
(2) one member who is serving as a public school superintendent, or district financial administrator, appointed by the State Board of Education;
(3) one member who is serving as a public school principal, vocational center director, or school administrator, appointed by the State Board of Education;
(4) one public school teacher with a minimum of fifteen years service, appointed by the State Board of Education;
(5) one member appointed by the State Superintendent of Education; and
(6) three private sector business persons, who hold no public office, one appointed by the Governor, one appointed by Chairman of the Senate Finance Committee and one appointed by the Chairman of the House Ways and Means Committee.
Committee members shall serve three-year terms except that of those initially appointed, two shall serve initial terms of one year, three shall serve initial terms of two years, and three shall serve initial terms of three years, these initial terms to be determined by lot at the first meeting of the committee. Vacancies must be filled for the remainder of the unexpired term in the manner of original appointment. Committee members must attend at least eighty percent of the meetings of the committee in each fiscal year. Members of the committee must not serve on the Education Improvement Act Select Committee, the Business-Education Partnership for Excellence in Education, or the Business-Education Subcommittee while serving on the committee created under this section.
The State Board shall promulgate regulations and establish procedures to administer the program. The regulations shall limit individual cash awards to twenty-five percent of the cost savings for one fiscal year or five thousand dollars, whichever is less. No employee may receive an award for an idea which could have been implemented by the employee through his normal job duties. Employees of the State Department of Education may participate in the program.
The State Department of Education shall provide administrative support for the program. The State Board of Education shall waive or modify its regulations when appropriate and necessary to achieve cost savings.
The General Assembly shall provide funds to initiate and support the program. Two years after initial implementation of the program, the program must be supported at a level determined by the General Assembly from a portion of the proven cost savings.
SECTION 33. The 1976 Code is amended by adding:
"Section 59-6-16. The State Board of Education in consultation with the Business-Education Subcommittee shall appoint a leadership network of representatives from the private sector. The leadership network shall assist the State Board of Education business-education partnership program by: (1) promoting business-education partnerships,
(2) evaluating business-education partnerships,
(3) disseminating the benefits of business-education partnerships, and
(4) formulating recommendations on goals and activities for the business-education partnership program. The leadership network shall meet at least quarterly and make regular reports to the Business-Education Subcommittee, State Board of Education, and Select Committee.
SECTION 34. Section 59-5-65 of the 1976 Code is amended by adding:
"(14) work with the leadership network established pursuant to Section 59-6-16."
SECTION 35. The 1976 Code is amended by adding:
"Section 12-35-525. All proceeds accruing to the state pursuant to federal law or decision of the courts providing for or authorizing the imposition of the state sales and use taxes upon interstate sales of tangible personal property to persons in this state must be used exclusively for construction, renovation, or repair of school facilities for students in public preschool, elementary, and secondary educational programs."
SECTION 36. All costs of implementing the provisions of this act must be paid from funds appropriated for that purpose by the General Assembly. The programs of this act must be implemented to the extent possible using funds appropriated by the General Assembly, but no provision of this act is mandatory beyond the appropriation provided by the General Assembly. Nothing in this section prohibits local school districts from implementing programs similar to or as described in this act on the district's initiative.
SECTION 37. The divisional headings and the analysis lines under each division heading are for information purposes only and are not part of the respective sections of this act.
SECTION 38. This act takes effect upon approval by the Governor, except for Section 6 of Division IV which shall take effect on July 1, 1989, and apply to persons applying for driver's licenses, beginner's permits, or special restricted driver's licenses after June 30, 1989./
Renumber sections to conform.
Amend title to conform.
Rep. BEASLEY explained the amendment.
Rep. WINSTEAD moved that the House do now adjourn.
Rep. BEASLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, J. Baxley Bennett Blackwell Blanding Boan Brown, H. Brown, R. Burriss, T.M. Carnell Cole Cooper Corbett Cork Corning Davenport Elliott Fant Glover Gordon Hallman Harvin Harwell Hendricks Hodges Holt Johnson, J. W. Kay Keesley Keyserling Kirsh Kohn Manly Mappus Martin, L Mattos McKay McLellan McLeod Nettles Rhoad Rogers, T. Sharpe Sheheen Simpson Smith Snow Stoddard Vaughn Whipper White Wilkes Winstead
Those who voted in the negative are:
Altman Bailey, G. Baker Barfield Beasley Bruce Burriss, M.D. Chamblee Clyborne Derrick Fair Farr Foster Gregory Harris, J. Haskins Hayes Hearn Jaskwhich Keegan Klapman Limehouse Littlejohn Lockemy McGinnis McTeer Moss Nesbitt Quinn Rama Short Taylor Townsend Tucker Washington Wells Wilder Wilkins Wright
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. BEASLEY having the floor.
The Senate returned to the House with concurrence the following:
H. 4029 -- Reps. Rudnick, P. Harris, Blackwell, Waldrop, Smith, Sharpe, Huff, Keesley and Gentry: A CONCURRENT RESOLUTION TO CONGRATULATE MR. ARTHUR DEXTER OF AIKEN COUNTY UPON RECEIVING THE "OUTSTANDING OLDER SOUTH CAROLINIAN" AWARD BY THE SOUTH CAROLINA COMMISSION ON AGING.
H. 4031 -- Rep. Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. DAVID C. KING OF ANDERSON FOR HIS UNSELFISH AND TIRELESS COMMUNITY SERVICE AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS AS HE LEAVES ANDERSON TO PURSUE A CAREER OPPORTUNITY IN TOCCOA, GEORGIA.
H. 4034 -- Reps. Carnell, L. Martin, Moss, Nesbitt and Phillips: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNITED STATES TEXTILE INDUSTRY FOR BEING RANKED FIRST IN THE NATION IN SAFETY BY THE NATIONAL SAFETY COUNCIL FOR THE THIRD CONSECUTIVE YEAR.
At 11:35 A.M. the House in accordance with the motion of Rep. WRIGHT adjourned in memory of Miss Mary Rebecca Whitehead of Irmo, to meet at 10:00 A.M. tomorrow.
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