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:
God of grace and glory, we thank You for the loveliness of Springtime. In the changing pageant of nature with forms and colors that thrill our senses, You make Yourself known. The beauty of the world around is but Your handwriting. Make us look beyond the sinking sands of self-seeking to glimpse Your doings. Save us from vanity and pettiness of mind which would exalt self to the highest pedestal. May we dedicate ourselves to things that matter most.
To You, Lord, we give our praise and thanksgiving.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SPEARMAN moved that when the House adjourns, it adjourn in memory of Brooks Connelly of Saluda County, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1764
Promulgated By The Department of Transportation
Outdoor Advertising and the Highway Advertising Control Act
Received By Speaker April 6, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date March 13, 1995
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 4984 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 17, 1994.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 9-1-440, 9-1-1140, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM FOUR TO SIX PERCENT OF EARNABLE COMPENSATION THE COST OF ESTABLISHING SERVICE WHEN THE MEMBER ORIGINALLY ELECTED NOT TO BE COVERED, TO INCREASE THE COST OF ESTABLISHING TIME FOR PREGNANCY LEAVE FROM EIGHT TO TWELVE PERCENT OF EARNABLE COMPENSATION, AND TO PROVIDE A SCHEDULE OF RATES FOR A MEMBER WITH AT LEAST TWENTY-FIVE YEARS SERVICE ESTABLISHING CREDIT FOR UP TO FIVE YEARS ADDITIONAL SERVICE; TO AMEND SECTIONS 9-11-50, AS AMENDED, 9-11-55, 9-11-210, AS AMENDED, AND 9-11-325, RELATING TO ESTABLISHING CREDIT FOR PRIOR SERVICE AND THE ACCOMPANYING CONTRIBUTION RATES FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE COST OF ESTABLISHING PREGNANCY LEAVE, FEDERAL CIVILIAN SERVICE, AND OTHER ESTABLISHABLE NEW POLICE SERVICE, FROM TEN TO TWELVE PERCENT OF EARNABLE COMPENSATION, INCREASE THE CONTRIBUTION RATE TO ESTABLISH PRIOR POLICE SERVICE FROM SIXTEEN TO TWENTY-ONE DOLLARS A MONTH FOR CLASS ONE SERVICE AND FROM FIVE TO SIX AND ONE-HALF PERCENT OF MONTHLY COMPENSATION, AND TO INCREASE THE COST OF ESTABLISHING OUT-OF-STATE SERVICE FROM TEN TO TWELVE PERCENT OF SALARY; AND TO REPEAL SECTION 9-11-65, RELATING TO AN OBSOLETE PURCHASE OF ADDITIONAL SERVICE CREDIT BY MEMBERS WITH AT LEAST TWENTY-FIVE YEARS SERVICE.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, Rep. KIRSH, for the minority, submitted an unfavorable report, on:
S. 604 -- Senator Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4033 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTIONS 16-3-740 AND 16-15-255, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING OF CERTAIN CONVICTED SEX OFFENDERS, SO AS TO INCLUDE ADJUDICATED JUVENILE SEX OFFENDERS, TO REQUIRE THESE TESTS BE CONDUCTED UPON REQUEST OF THE VICTIM RATHER THAN WHEN A VICTIM IS EXPOSED TO BODY FLUIDS, TO REQUIRE THE SOLICITOR TO PROVIDE TEST RESULTS TO THE PARENTS OF A VICTIM WHO IS A MINOR OR MENTALLY RETARDED OR MENTALLY INCAPACITATED, TO REQUIRE THE SOLICITOR TO PROVIDE THE DEPARTMENT OF CORRECTIONS OR THE DEPARTMENT OF YOUTH SERVICES WITH POSITIVE HIV TEST RESULTS FOR THE SOLE PURPOSE OF PROVIDING TREATMENT AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE COUNSELING TO THESE OFFENDERS WHO TEST POSITIVELY FOR HIV.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5037 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; AND TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY.
Without reference.
H. 5038 -- Rep. Baxley: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OF SOLID WASTE DISPOSAL COLLECTION BAGS REQUIRED PURSUANT TO A COUNTY OR OTHER POLITICAL SUBDIVISION'S SOLID WASTE DISPOSAL PLAN IF THE PLAN REQUIRES THE PURCHASE OF A SPECIFICALLY DESIGNATED CONTAINMENT BAG.
Referred to Committee on Ways and Means.
H. 5039 -- Reps. Snow, Harvin and Kennedy: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN WILLIAMSBURG COUNTY.
Referred to Committee on Ways and Means.
S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 178 -- Senator Drummond: A BILL TO AMEND SECTIONS 4-29-140, 44-7-1590, 48-3-140, AND 58-19-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE BY WHICH THE BUDGET AND CONTROL BOARD APPROVES THE ISSUANCE OF REVENUE BONDS FOR VARIOUS PURPOSES, SO AS TO CHANGE THE PROCEDURE FOR THE ISSUANCE OF THESE BONDS.
Referred to Committee on Ways and Means.
S. 782 -- Senators Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 43-7-60, 43-7-70, 43-7-80, AND 43-7-90 SO AS TO PROVIDE FOR THE CRIMES OF MEDICAL ASSISTANCE PROVIDER FRAUD AND MEDICAL ASSISTANCE RECIPIENT FRAUD AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO MAKE IT UNLAWFUL FOR A PROVIDER OF MEDICAL ASSISTANCE, GOODS, OR SERVICES UNDER THE STATE'S MEDICAID PROGRAM TO FAIL TO MAINTAIN SEPARATE ACCOUNTS FOR PATIENT FUNDS AND ACCURATE RECORDS WHEN REQUIRED TO DO SO BY STATE OR FEDERAL LAW, REGULATION, OR POLICY, TO MAKE IT UNLAWFUL FOR A PROVIDER TO REMOVE, TRANSFER, OR OTHERWISE USE THESE PATIENT FUNDS FOR A PURPOSE OTHER THAN THAT WHICH IS AUTHORIZED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO GRANT CERTAIN POWERS TO THE ATTORNEY GENERAL FOR THE PURPOSE OF CONDUCTING INVESTIGATIONS FOR ALLEGED OR SUSPECTED VIOLATIONS; AND TO REQUIRE A PERSON TO COMPLY WITH CERTAIN REQUESTS OR SUBPOENAS OF THE ATTORNEY GENERAL AND TO PROVIDE FOR PENALTIES FOR FAILURE TO COMPLY.
Referred to Committee on Judiciary.
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
Referred to Committee on Judiciary.
S. 1138 -- Senators J. Verne Smith, Courson and Bryan: A JOINT RESOLUTION TO PROVIDE THAT THE HUMAN SERVICES COORDINATING COUNCIL SHALL APPOINT AN ADVISORY COMMITTEE ON THE FUTURE OF PUBLIC HEALTH IN SOUTH CAROLINA, TO PROVIDE THE MEMBERSHIP AND PURPOSE OF THAT ADVISORY COMMITTEE, AND TO PROVIDE FOR ITS DISSOLUTION UPON COMPLETION OF ITS WORK.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Cooper Corning Cromer Davenport Delleney Fair Farr Gamble Govan Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Thursday, April 7.
Roger M. Young Timothy F. Rogers H. Howell Clyborne, Jr. Dave C. Waldrop, Jr. Ronald C. Fulmer Larry L. Elliott Lindsey O. Graham Robert A. Barber, Jr. Eugene C. Stoddard John G. Felder C. Lenoir Sturkie Bessie Moody-Lawrence Larry L. Koon E.B. McLeod, Jr. C. Alex Harvin, III June S. Shissias
LEAVE OF ABSENCE
The SPEAKER granted Rep. GONZALES a leave of absence for the day.
Rep. BARBER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 5.
Reps. A. YOUNG, HUTSON, G. BAILEY, COBB-HUNTER and HARRELL presented to the House John McKissick, legendary head coach of Summerville High School Greenwave football team.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 5020 -- Reps. Houck, Harwell, McKay and Hines: A BILL TO AMEND ACT 92 OF 1924, AS AMENDED, RELATING TO THE PARK COMMISSION FOR THE CITY OF FLORENCE, SO AS TO DECREASE THE MEMBERSHIP FROM SIXTEEN TO SEVEN AND TO PROVIDE FOR THEIR ELECTION AND STAGGERED TERMS.
H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.
H. 4493 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 37-4-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT INSURANCE, FILING AND APPROVAL OF RATES AND FORMS, AND CREDIT LIFE INSURANCE PREMIUMS, SO AS TO INCREASE THE MINIMUM CHARGE, AND DECREASE THE RATE CHARGED FOR CREDIT LIFE INSURANCE IN CERTAIN CATEGORIES.
H. 4596 -- Rep. Hodges: A BILL TO AMEND SECTION 58-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, SO AS TO ADD TO THE DEFINITION OF "PUBLIC UTILITY" BY PROVIDING THAT THE TERM INCLUDES EVERY CORPORATION AND PERSON DELIVERING NATURAL GAS DISTRIBUTED OR TRANSPORTED BY PIPE, AND DELETE THE WORD "GAS" FROM THE DEFINITION; AND TO AMEND SECTION 58-5-240, AS AMENDED, RELATING TO GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, FILING SCHEDULES OF PROPOSED RATES, AND THE EFFECTIVE DATE THE SAME, SO AS TO PROVIDE THAT WHEN CERTAIN CONDITIONS EXIST OR THE PUBLIC SERVICE COMMISSION MAKES CERTAIN DETERMINATIONS, A RATE OF RETURN DOES NOT HAVE TO BE CALCULATED IF THE RATE IS DETERMINED TO BE JUST AND REASONABLE.
H. 4795 -- Reps. M.O. Alexander, Cato, Sharpe, R. Smith and A. Young: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THIS FUND ENSURES PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY QUALIFIED AS SELF-INSURERS IF SECURITY POSTED BY THE INDIVIDUAL SELF-INSURER PROVES INADEQUATE TO PAY EXISTING CLAIMS, PROVIDE THAT THIS FUND, UNDER CERTAIN CONDITIONS, ALSO ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY PARTICIPANTS IN GROUP SELF-INSURANCE FUNDS, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.
H. 4826 -- Reps. Allison and Lanford: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT, SO AS TO AUTHORIZE A SUBSISTENCE ALLOWANCE EQUAL TO THE LESSER OF ACTUAL EXPENSES OR ONE HUNDRED DOLLARS A DAY.
H. 4554 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn and Wells: A BILL TO AMEND SECTION 55-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS GOVERNING THE USE OF ROADS, STREETS, AND PARKING FACILITIES ON LANDS OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO DELETE A REFERENCE TO A REQUIREMENT TO FILE SUCH RULES AND REGULATIONS IN THE OFFICE OF THE SECRETARY OF STATE.
H. 4561 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-45 SO AS TO PROVIDE FOR A STATUTE OF LIMITATIONS ON POST CONVICTION RELIEF APPLICATIONS AND TO PROVIDE FOR APPLICATIONS SEEKING RETROACTIVE APPLICATION OF JUDICIAL DECISIONS.
H. 3233 -- Reps. Rudnick, Harrison, Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-970 AND 38-77-980 SO AS TO PROVIDE THAT NO INSURANCE COMPANY AND NO AGENT OR ADJUSTER FOR THE COMPANY THAT ISSUES OR RENEWS ANY POLICY OF INSURANCE COVERING ANY MOTOR VEHICLE MAY REQUIRE OR RECOMMEND THAT ANY PERSON INSURED UNDER THAT POLICY USE A PARTICULAR COMPANY OR LOCATION FOR THE PROVIDING OF AUTOMOBILE GLASS REPLACEMENT OR REPAIR SERVICES OR PRODUCTS INSURED BY THAT POLICY, AND PROVIDE FOR RELATED MATTERS.
H. 4606 -- Reps. Koon, Walker, Richardson, Holt and Harrell: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PROVIDE THAT ANY NUMBER OF HOURS OF CONTINUING INSURANCE EDUCATION EARNED BY AN AGENT IN A TWELVE-MONTH PERIOD MUST BE CARRIED FORWARD, AT THE DESIGNATION OF THE AGENT, TO THE ENSUING TWELVE-MONTH PERIOD, WITHOUT LIMITATION, AS LONG AS THE HOURS CARRIED FORWARD ARE IN EXCESS OF THE REQUIRED MINIMUM FOR A PARTICULAR REPORTING PERIOD.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 5032 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 7, 1993, MISSED BY THE STUDENTS OF KERSHAW ELEMENTARY SCHOOL AND BUFORD HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE SCHOOL DAYS OF SEPTEMBER 7 AND 8, 1993, MISSED BY STUDENTS OF CLINTON ELEMENTARY SCHOOL AND LANCASTER HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO CONSTRUCTION DELAYS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. HODGES, with unanimous consent, it was ordered that H. 5032 be read the third time tomorrow.
The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1155 -- Senators Martin and Setzler: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.
S. 1186 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXTRACURRICULAR SERVICES AND TRANSPORTATION OF HANDICAPPED STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1216 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 940 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 39-73-315 AND 39-73-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMODITY CODE, SO AS TO DELETE THE PROVISIONS CONTAINING REFERENCES TO INCORRECT SECTIONS.
S. 1221 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CPA CANDIDATE EXPERIENCE; RECIPROCITY WITH OTHER JURISDICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1684, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1107 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1648, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1255 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO INVESTIGATIONS AND HEARINGS HELD BY THE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1187 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 130 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-200 SO AS TO PROHIBIT HAZING AT STATE UNIVERSITIES, COLLEGES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TO PROVIDE PENALTIES.
S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE-OWNED TEXTBOOKS/INSTRUCTIONAL MATERIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1220 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-585 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION, ON THE REQUEST OF AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER OR ON ITS OWN MOTION, MAY CONSIDER, IN LIEU OF THE PROCEDURES OUTLINED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THAT CARRIER, AND PROVIDE FOR RELATED MATTERS.
Rep. KIRSH moved to adjourn debate upon the following Joint Resolution until Tuesday, April 12, which was adopted.
H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.
The following was introduced:
H. 5040 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3631, RELATING TO PROHIBITING A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST, FOR SECOND READING OR OTHER CONSIDERATION AFTER THE CALL OF THE UNCONTESTED CALENDAR, TUESDAY, APRIL 12, 1994, AND TO PROVIDE, FOLLOWING THE CALL OF THE ROLL OF THE HOUSE ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3631 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.3631, relating to prohibiting a health insurance policy or a health maintenance organization plan from restricting selection of a pharmacist, is set by special order for second reading or other consideration after the call of the uncontested calendar on Tuesday, April 12, 1994, and to provide, following the call of the roll of the House on each subsequent legislative day, for the continuing special order consideration of H.3631 until third reading or other disposition.
Rep. McTEER explained the Resolution.
The Resolution was adopted.
The following was introduced:
H. 5041 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4955, RELATING TO MONIES BEING TRANSFERRED TO BENEFIT SPOLETO FESTIVAL, USA, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H.3631 AND TO PROVIDE, FOLLOWING THE CALL OF THE ROLL OF THE HOUSE ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4955 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.4955, relating to monies being transferred to benefit Spoleto Festival, USA, is set by special order for second reading or other consideration immediately following second reading or other disposition of H.3631 and to provide, following roll call on each legislative day, for the continuing special order consideration of H.4955 until third reading or other disposition.
Rep. McTEER explained the Resolution.
Rep. KIRSH moved to table the Resolution.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Chamblee Clyborne Cromer Davenport Fair Graham Hallman Haskins Kelley Kirsh Klauber Littlejohn Meacham Robinson Sharpe Simrill Stone Stuart Trotter Vaughn Walker Wells Witherspoon Wofford Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Canty Carnell Cato Cobb-Hunter Delleney Elliott Farr Fulmer Gamble Govan Harrell Harrelson Harris, J. Harris, P. Harrison Hines Hodges Holt Hutson Inabinett Keegan Kennedy Keyserling Kinon Law Martin McAbee McCraw McKay McLeod McMahand McTeer Neilson Phillips Rhoad Richardson Rogers Rudnick Scott Sheheen Shissias Smith, R. Spearman Stille Stoddard Tucker Waites Waldrop Whipper Wilder, D. Wilder, J. Wilkins Williams Wright Young, A.
So, the House refused to table the Resolution.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following Bill was taken up.
H. 4467 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 40-25-30, 40-25-40, and 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.
Rep. KIRSH moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.
The Education and Public Works Committee proposed the following Amendment No. 1 (DocNameL:\council\legis\amend\GJK\20437SD.94), which was adopted.
Amend the bill, as and if amended,by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-30-5. For purposes of Section 59-30-10, the following definitions apply:
(1) 'Content standards' means a compilation of specific statements of what a student should know and be able to do relative to a particular academic area;
(2) 'achievement standards' means standards that describe how well a student achieves relative to the content standards;
(3) 'norm referenced test' means a test which compares an individual's test score to national sample test scores of individuals taking the same test;
(4) 'continuous assessment' means ongoing documentation of a child's academic progress based on observation and measurements of that child's development in areas such as reading and math, and analyzing how well a child is progressing academically;
(5) 'standardized test' means an assessment in which testing materials, instruction, and scoring procedures are the same across test settings and examiners;
(6) 'measurement' means the process of obtaining a numerical description of the degree to which an individual possesses knowledge and skills;
(7) 'assessment' means an analysis of student accomplishment often using a range of documentary techniques such as tests, performances, questionnaires, and observations."
SECTION 2. Section 59-30-10 of the 1976 Code is amended to read:
"Section 59-30-10. The State Board of Education, through the State Department of Education, shall develop and implement a state assessment system which shall have a dual purpose of improving student learning and providing public accountability. The system shall promote the improvement of teaching and learning by providing information regarding:
(1) student attainment of state educational achievement standards; and
(2) performance of South Carolina's students relative to that of students nationally. By school year 1998-99, the State Board shall:
(a) Establish state educational objectives in the basic skills academic content standards for kindergarten through grade twelve and establish minimum academic achievement standards of student achievement for readiness first grade preparedness and Grades 1, 2, 3, 6, 8, and 11. The term 'basic skills' shall include mathematics and the communication skills of reading and writing. The minimum achievement standards for readiness first grade preparedness and Grades 1, 2, 3, 6, 8, and 11 shall be designed to reflect the level of skill mastery subject matter knowledge and analytical skills as determined by the State Board of Education, each student is expected to have attained at the various grades needs to succeed at subsequent grade levels.
(b) (1) Establish a state basic skills an early childhood assessment program system that shall include the administration to all public school students at the beginning of grade one a readiness test an assessment that will be designed to measure a student's readiness to begin the formal school curriculum level of preparation for first grade; a state model of a continuous assessment of student performance through each school year grades K-3 and criteria for districts who choose to develop their own model of continuous assessment. The results of the readiness test first grade preparedness measure shall be used to provide appropriate developmental activities in the first grade and may not be used to restrict school entry nor to restrict academic opportunities for individual students.
(2) Provide for the administration of the readiness test first grade preparedness measure at the beginning of the school year in grade one. Based on the results of the test measure, the school district shall advise the parents of any student not indicating readiness preparedness for first grade work to secure a complete physical examination for that child. Such advice by the school district shall contain information about local governmental health services that are available.
(c) (1) As a part of the basic skills state assessment program, develop or select criterion-referenced standards based tests that can measure student achievement in reading, and mathematics, science, and social studies in grades one, two, and three and six against the basic, advanced, and proficient standard standards established for each of those respective grades.
(2) Cause to be administered the tests assessment system provided for herein to all public school students at the end of grades one, two and three and six in mathematics, English/language arts, science, and social studies. The purpose of the tests assessment system shall be that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide academic achievement standard standards established for each respective grade.
(d) (1) As a part of the basic skills assessment program, develop or select criterion-referenced tests that can measure student achievement in reading, writing and mathematics in grades six and eight against the standard established for each of those respective grades.
(2) Cause to be administered the test provided for grade six to all public school students at the end of grade six and shall cause to be administered the test provided for grade eight to all public school students at the end of grade eight. The purpose of the tests shall be that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade.
(e) Develop or select, and field test, tests that will measure student achievement in the basic skills areas of reading, writing, and mathematics at the end of grade 11 which shall include items requiring the application of school skills to life situations. The field test shall be conducted for the purpose of establishing the reliability and validity of the test.
(d) Develop or select, and field test, an assessment system that will measure student achievement at basic, proficient, and advanced levels as determined by the State Board of Education, in the areas of reading, writing, and mathematics at the end of grades 8 and 11 which shall include items requiring the application of school skills to life situations. The field test shall be conducted for the purpose of establishing the reliability and validity of the test.
(f)(e) Beginning in the school year 1981-82 1996-97 and continuing through the school year 1984-85, administer the test specified in item (d) of this section to all students in grade grades eight and eleven for the purpose of collecting baseline data. The Department of Education shall use the baseline data for the purpose of program assessment and shall provide assistance to those schools or districts in which the data indicate that program adjustment or modification is most needed due to inordinate numbers of children not passing the test. The State Board of Education shall use the baseline data for the purpose of determining the high school credentials to be awarded students not meeting the minimum achievement scores. Beginning with the school year 1985-86 1997-98, the eleventh grade examination may be no longer administered and the Board shall cause to be administered an a new exit examination to all tenth grade students. Local school districts shall establish remedial academic assistance programs plans to assist those students who do not pass the examination. Passage of this exit examination is a condition for the receipt of a state high school diploma for those students who otherwise meet the requirements for the diploma during the school year 1989-90 2000-2001 and thereafter. Additionally, during the that school year 1989-90 and thereafter individuals participating in adult education programs must pass the exit examination as an additional requirement for the receipt of a state high school diploma. Failure to pass the examination obligates the student to enroll in a remedial an academic assistance program. Students who do not pass the examination in the tenth grade must retake the test in the eleventh grade and may retake the test twice in the twelfth grade, thereby providing students with four opportunities to pass the exit examination. If an individual exits the school system at the end of the twelfth grade without having passed the exit examination, he shall be awarded an appropriate State certificate indicating the number of credits earned and grades completed. Until such time as the new exit exam is implemented as a condition for receipt of a state high school diploma, the current exit exam shall continue to be used as a condition for a state high school diploma. Completion of the requisite number of Carnegie units and the satisfactory achievement of the exit examination will continue to be the standard to determine a student's eligibility to graduate. Demonstrating a mastery of predetermined nonacademic outcomes shall not become a condition for progressing from one grade level to the next nor shall it be a condition for graduation. A student may not exit the school system through means of a certificate until such time as he has completed twelve grades. Adult education programs and the GED certification process are not affected.
(f) Administer a test of student academic performance which builds upon basic skills and provides nationally normative information in at least four grades until a standards-based assessment system is implemented.
(g) Use utmost care to insure that to the maximum extent feasible, within existing knowledge and technology cultural bias is eliminated in the tests administered as a part of the basic skills assessment program.
(h) Purchase and distribute necessary materials for the assessment program and train state and local staff and teachers to administer the tests in the assessment program and to interpret the results of those tests.
(i) Provide for the security and integrity of the tests that are administered under the assessment program.
(j) Revise and update the tests administered under the assessment program as deemed appropriate by the department.
(k) Render advice and aid to school districts concerning their curricula and the assessment program.
(l) Report the results of the program annually to the Governor, the General Assembly, the school districts, and to the general public, together with any recommendations of the South Carolina Basic Skills Assessment Advisory Committee Commission created pursuant to Section 59-30-20. However, under no circumstances shall any school district that has legal standing lose its authority or autonomy by virtue of a regulation or by a failure to meet a state imposed standard except as currently specified in Section 59-18-30. Nor shall a duly appointed or elected school board lose its governing authority by virtue of a regulation or by a failure of the district under its jurisdiction to achieve a certain state imposed standard except as currently specified in Section 59-18-30.
(m) Consult with such commission the Assessment Advisory Committee hereinafter established concerning the implementation of, or major changes to, the provisions of this chapter. The committee shall identify and approve criteria and year-end assessment appropriate for testing student academic progress at the end of grades 1 and 2. Until such time as the committee identifies the criteria and assessment, the State Department of Education shall provide these tests which shall begin in school year 1994-95. The South Carolina Assessment Advisory Committee shall be composed of seventeen members which shall provide recommendations and advice to the Governor, General Assembly, and the State Board of Education on the implementation of this chapter. The State Superintendent of Education shall appoint six members, one from each congressional district, with the advice and consent of the State Board of Education. The State Superintendent's appointments shall be persons employed professionally in public education in this State other than employees of the State Department of Education and shall include at least two classroom teachers. The Governor shall appoint six lay persons at large from the State. The Speaker of the House of Representatives, the President of the Senate, the Chairman of the House Education and Public Works Committee and the Chairman of the Senate Education Committee shall also designate a person to serve on the committee who may not be a member of the General Assembly and who shall serve at the pleasure of the appointing official. The State Board of Education chairman or his designee shall also serve on the committee. Except for their initial terms, the terms of the members shall be for three years and until their successors are appointed and qualified. Any vacancy shall be filled in the manner of the original appointment for the unexpired portion of the term only. Every consideration shall be given to ensure appropriate racial balance in appointments.
Of the initial six members appointed by the State Superintendent of Education, members from the first and fourth districts shall be appointed for terms of one year, members from the third and sixth districts shall be appointed for terms of two years, and members from the second and fifth districts shall be appointed for terms of three years. Of the initial six members appointed by the Governor, terms shall be staggered for one, two and three years to be determined by drawing lots at the first meeting of the committee. The members shall elect from among the lay members a chairman and such other officers who shall serve for terms of two years and until their successors are elected and qualified. The members of the committee shall receive the usual per diem, mileage, and subsistence as is provided by law for members of state boards, committees, and commissions to be paid from funds appropriated for the operation of the State Department of Education. The committee established by this section shall terminate June 30, 2001.
(n) Provide school districts with information concerning basic instructional programs which have been demonstrated to be effective in developing readiness skills or in the teaching of reading, writing, and mathematics, science, and social studies. The Department of Education shall encourage school districts to adopt programs that are determined to be appropriate to the needs of their students.
(o) Provide appropriate office space, staff, equipment and supplies to the Basic Skills Advisory Commission.
Establish statewide educational objectives in science for grades one through eight and establish minimum standards of student achievement for grades three, six, and eight. The State Board of Education, through the DOE, also shall develop and field-test, as part of the Basic Skills Assessment Program, criterion-referenced tests that will measure student achievement in science in grades three, six, and eight against the standards established for each of these respective grades and cause to be administered the tests provided for herein to all public school students at the ends of grades three, six, and eight. The purpose of the test is that of diagnosis of student deficiencies and that of an aid in determining instruction needed by the student in achieving the minimum statewide standard established for each respective grade.
Not allow a student or students to be tested or surveyed on values, attitudes, beliefs, or behaviors. This prohibition does not apply to a state certified psychologist working with an emotionally disturbed youth who has been referred by school personnel. However, any tests on attitude, beliefs, or behaviors, or any other psychological testing or subsequent psychological counseling may be done only with the expressed written consent of the student's parents or legal guardian or by the emancipated student himself. The request for testing or counseling must state the numbers of tests and the anticipated duration of the counseling. Any additional tests or an extension of the counseling must be treated as a first request and the stated procedure must be followed. Psychological testing or psychological counseling or psychological therapy cannot be done on a student in the presence of any other student or students."
SECTION 3. Section 59-30-30 of the 1976 Code is amended to read:
"Section 59-30-30. All public school boards, through their local school districts, shall:
(a) Participate in the basic skills statewide assessment program established by this chapter.
(b) Adopt appropriate policies to ensure that a continuous an assessment is made of an individual student's progress in relation to the statewide minimum achievement standards of student achievement performance for kindergarten through grades 1, 2, 3, 6, 8, and 11; and adopt the state model for K - 3 continuous assessment or submit a district model for approval to the State Board of Education through the State Department of Education.
(c) Prior to the beginning of the 1979-80 1996-97 school year provide appropriate in-service training staff development for all certified personnel implementing the basic skills statewide assessment program to ensure efficient and effective methods of instruction.
(d) Use the results of the tests administered under the basic skills statewide assessment program system to help in the diagnosis of student deficiencies.
(e) Provide basic instruction academic assistance to aid the student in bringing his performance up to the statewide minimum achievement standards for a particular grade when a deficiency is indicated by the results of the tests administered under the Basic skills assessment system program or the assessment procedures.
(f) (1) Provide in writing test result information to any parent or guardian of a dependent child when the parent or guardian requests such information.
(2) Provide test information and explanations of deficiencies to a parent or guardian of a dependent child found to have deficiencies and make suggestions for appropriate assistance to be given to the dependent child by the dependent child's parent or guardian.
(g) Not release test information on a student that refers to that student by name or by other identification methods without the written permission of the parent or legal guardian or other legal adult authority or the emancipated student himself. Written permission must be granted for each request. Additionally, the permission form must state that compliance with the request is voluntary and that the information being requested may be used to decide the future placement of the person in question. This does not affect interdistrict access of student test scores."
SECTION 4. Section 59-30-50 of the 1976 Code is amended to read:
"Section 59-30-50. The following timetable applying to the State Department of Education activities shall must be completed not later than the year indicated but nothing herein is intended to prohibit an earlier development or field testing of the tests or use of the test results by school districts to meet their responsibilities under this chapter when test results are made available.
1978-79 (a) Identification of basic skills objectives. (b) Selection of readiness test for grade one.
1979-80 (a) Test development, field testing and test revision (grades 1 through 3, 6 and 8).
(b) Administration of readiness test--all students, grade one.
1980-81 (a) Administration of tests, (first grade readiness and grades 1 through 3, 6 and 8).
(b) Development or selection and field testing of eleventh grade test.
1981-82 (a) Administration of tests (first grade readiness and grades 1 through 3, 6 and 8).
(b) Administration of eleventh grade test, collection of baseline data.
1982-83 (a) Administration of all tests.
1983-84 and subsequent years. Administration of all tests.
1994-95 (a) Adopt content and achievement standards for Mathematics, Science, English/language arts and Social Studies in Grades 3 and 6.
(b) Adopt new exit exam and new Grade 8 test linked to exit exam.
(c) Phase in K - 3 continuous assessment model.
(d) Field test a new assessment of students' preparation level for first grade; continue CSAB.
(e) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least four grades.
1995-96 (a) Pilot items based on achievement standards in Grades 3 and 6.
(b) Pilot new exit exam and Grade 8 test.
(c) Continue phase in of K - 3 continuous assessment model.
(d) Implement new assessment of students' preparation level for first grade.
(e) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least four grades.
1996-97 (a) Field test items based on achievement standards Grades 3 and 6.
(b) Field test new exit exam and Grade 8 test.
(c) Complete phase in of K - 3 continuous assessment model.
(d) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least four grades.
1997-98 (a) Continue field test items based on achievement standards Grades 3 and 6.
(b) Implement new exit exam and Grade 8 test.
(c) Administer a test of academic performance which builds upon basic skills and provides nationally normative information in at least four grades.
1998-99 Implement assessments in Grades 3 and 6, 8 and exit."
SECTION 5. Section 59-30-80 of the 1976 Code is amended to read:
"Section 59-30-80. The parents or guardian of any student who does not meet the minimum academic achievement standards set for any test prescribed in this chapter shall be notified in writing by the school and such notice shall be filed in the scholastic records of the student concerned.
The scholastic records may not leave the district either physically or electronically without the expressed written consent of the parent or the legal guardian or other legal adult authority or the emancipated student. The permission request form must state the release of the records are voluntary and that the information being sent may be used for the future placement of the student. A district within South Carolina may admit a student pending receipt of the student's scholastic records. A district may send a letter upon request of another school district either within this State or outside the State to confirm the current grade level of the student."
SECTION 6. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. WRIGHT explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\20661SD.94).
Amend the Report of the Committee on Education and Public Works, as and if amended, in Section 59-30-10(o) of the 1976 Code, as contained in SECTION 2, by striking lines 11 through 30 on page 3958-9 in their entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WAITES explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. McABEE moved to adjourn debate upon the Bill until Tuesday, April 12.
Rep. FAIR moved to table the motion.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The House refused to table the motion by a division vote of 14 to 60.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. RHOAD moved to adjourn debate upon the following Joint Resolution until Thursday, April 14, which was adopted.
H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. RHOAD moved to adjourn debate upon the following Joint Resolution until Thursday, April 14, which was adopted.
H. 4859 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15829AC.94), which was adopted.
Amend the bill, as and if amended, by deleting Section 1 of the bill and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 44-41-75. (A) A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic.
(B) The department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section."/
Amend further, page 2, Section 44-41-70(b) by inserting on line 22 /(a) and/ before /(b)/ so when amended Section 44-41-70(b) reads:
/(b) The department shall promulgate and enforce rules and regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed as provided for in Section 44-41-20(a) and (b)./
Amend further by deleting Section 5 and inserting:
/SECTION 5. Section 44-7-130 of the 1976 Code is amended by adding at the end:
"(22) 'Facilities wherein abortions are performed' means a facility, other than a hospital, in which any second trimester or five or more first trimester abortions are performed in a month."
SECTION 6. Section 44-7-260(A) of the 1976 Code is amended by adding at the end:
"(13) facilities wherein abortions are performed."
SECTION 7. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Reps. CORNING and HASKINS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15962AC.94).
Amend the bill, as and if amended, by deleting Section 44-41-75(A) and inserting:
/Section 44-41-75. (A) A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic and must comply with the provisions of Article 3.
(B) The department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section./
Amend further by adding the following appropriately numbered sections to read:
/SECTION ______. Sections 44-41-10 through 44-41-80 of the 1976 Code are designated Article 1, Chapter 41, Title 44 entitled "Abortions Generally".
SECTION ______. Chapter 41, Title 44 of the 1976 Code is amended by adding:
Section 44-41-310. This article may be cited as the 'Woman's Right to Know Act'.
Section 44-41-320. As used in this article:
(1) 'Medical emergency' means that condition which, on the basis of the physician's good faith judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.
(2) 'Probable gestational age of the embryo or fetus' means what, in the judgment of the attending physician based upon the attending physician's examination and medical history given by the woman, is with reasonable probability the gestational age of the embryo or fetus at the time the abortion is planned to be performed.
Section 44-41-330. (A) Except in the case of a medical emergency and in addition to any other consent required by the laws of this State, no abortion may be performed or induced unless the following conditions have been satisfied:
(1) The woman must be informed by the physician who is to perform the abortion, by the referring physician, or by an allied health professional working in conjunction with one of the aforementioned physicians of the procedure to be involved and of the probable gestational age of the embryo or fetus at the time the abortion is to be performed.
(2) The woman must be informed, by the physician, by his agent or, should the abortion be performed in a clinic, by its agent, that she has the right to review the printed materials described in Section 44-41-340. The physician, his agent, or, should the abortion be performed in a clinic, its agent must orally inform the woman that materials have been provided by this State which describe the embryo or fetus, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. If the woman chooses to view the materials, a copy of the materials must be furnished to her.
(3) The woman must certify in writing, before the abortion, that the information described in item (1) of this subsection has been furnished her, and that she has been informed of her opportunity to review the information referred to in item (2) of this subsection.
(4) Before performing the abortion, the physician who is to perform or induce the abortion or his agent must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed.
(B) Nothing herein limits the information provided by the referring physician, the physician who is to perform the abortion, or allied health professional to the person upon whom the abortion procedure is to be performed.
(C) No abortion may be performed sooner than two hours after the woman receives the written materials and certifies this fact to the physician or his agent. This subsection (C) does not apply in the case of a medical emergency.
(D) If the clinic or other place where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman picks up the information at the local health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than twenty-four hours before the abortion is scheduled to be performed or induced, that the information described in item (A)(1) has been provided to her, and that she has been informed of her opportunity to review the information referred to in item (A)(2), then the waiting period required pursuant to subsection (C) does not apply. However, the clinic or other place is nevertheless required to maintain, for three years, the woman's written verification that the information was so provided and the printed materials were so received.
(E) Subsections (C) and (D) shall not apply if the abortion is performed pursuant to a court order or if the woman is mentally retarded, this is documented in her medical record, and her parents or legal guardian or legal representatives consent in writing to the abortion. The clinic or other such place is nevertheless required to maintain, for three years, a copy of such court order or such medical records and written consent.
(F) In the event the person upon whom the abortion is to be performed or induced is a minor and her parents consent to the abortion, the information described in Section 44-41-330(A)(1) must be furnished to the parents of such minor and the information referred to in Section 44-41-330(A)(2) must be furnished to the parents and the parents must make the certification required by Section 44-41-330(A)(3).
(G) This section is suspended if a clinic or other place where abortions are performed or induced does not have, through no fault of the clinic or place and if the clinic or place can demonstrate through written evidence the unavailability of the materials, the materials described in Section 44-41-340 required to be available to a woman pursuant to subsection (A)(2) or mailed pursuant to subsection (D).
Section 44-41-340. (A) The South Carolina Department of Health and Environmental Control shall cause to be published the following printed materials:
(1) geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they may be contacted;
(2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be pregnant to full term. Any photograph, drawing or other depiction must state in bold letters, which are easily legible, stating the magnification of the photograph, drawing or depiction if it is not the actual size of the embryo or fetus at the age indicated. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;
(3) materials designed to inform the woman of the principal types of abortion procedures and the major risks associated with each procedure, as well as the major risks associated with carrying-to-full-term;
(4) materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care by providing the names, addresses, and phone numbers of appropriate agencies that provide or have information available on these benefits;
(5) materials designed to inform the woman of the mechanisms available for obtaining child support payments.
(B) The materials must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.
(C) The materials required under this section must be available from the South Carolina Department of Health and Environmental Control upon request and in appropriate number to any person, facility, or hospital.
Section 44-41-350. A person who performs an abortion when he knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one thousand dollars and not more than five thousand dollars. If a person has been previously convicted under this section, he shall, upon a second and any subsequent conviction under this section, be punished by imprisonment of not less than one year and not more than five years, as well as by the fine provided for in this section, no part of which may be suspended.
Section 44-41-360. In every proceeding or action brought under this article, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such a disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. This section may not be construed to conceal the identity of the plaintiff or of the prosecutrix or of witnesses from the defendant or to abridge or deny the defendant's ability to conduct discovery under applicable rules of court or the defendant's right to a trial by jury or to cross examination.
Section 44-41-370. If otherwise allowed by law, any information requested of the South Carolina Department of Highways and Public Transportation relating to the ownership of a motor vehicle licensed and registered in this State, based on the presentation by the requesting party of the motor vehicle license tag number, may be provided by the department only after forty-eight hours following the request, unless the requesting party is able to demonstrate to the satisfaction of the department that the requested information is needed for emergency purposes."
SECTION ______. The printed materials required to be published pursuant to Section 44-41-340 of the 1976 Code as added by this act must be published on or before the effective date of Article 3, Chapter 41, Title 44 of the 1976 Code, as added by this act.
SECTION _____. If any provision, word, phrase, or clause of Article 3, Chapter 41, Title 44 of the 1976 Code as added by this act, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of Article 3, Chapter 41, Title 44 which can be given effect without the invalid provision, word, phrase, clause, or application, and, to this end, the provisions, words, phrases, and clauses of Article 3, Chapter 41, Title 44 are declared to be severable./
Renumber sections to conform.
Amend title to conform.
Rep. CORNING was recognized.
Rep. COBB-HUNTER raised the Point of Order that Amendment No. 2 was out of order as it was not germane.
Rep. CORNING argued contra the Point in stating that the original Bill defined a hospital facility and that the amendment only expanded the definition of what was a hospital facility.
Rep. KLAUBER stated that the amendment was not germane in that the Bill pertained to the disposal of infectious wastes and also dealt with licensure of clinics and sanitary regulations and did not deal with how the clinics gave information to patients.
Rep. CORNING stated that the Bill clearly amended the definition of what a clinic or hospital was and that the amendment only expanded the definition to say that the facility included places that where a certain number of abortions are performed.
The SPEAKER stated that the problem was not Section 44-41-75 but Article 3 addressed a whole new topic not addressed in the Bill.
Rep. CORNING stated that Article 3 was part of the definition.
The SPEAKER stated that the amendment did amend the definition but it also attached another one.
Rep. CORNING continued to argue contra the Point in stating that the definition referred to Article 3.
The SPEAKER stated that the Committee Report, citing Section B under Section 1, stated that the department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment, procedures, etc. and information on and access to patient follow-up care necessary to carry out the purposes of this section and that the amendment amended in the first part and changed Section 44-41-75 which changed the definition. He further stated that the amendment added sections which had been recognized as the Woman's Right to Know Bill which was discussed earlier. He further stated that this fit under the definition of information and providing information and record keeping and the regulation of clinics which the Bill dealt with.
Rep. KLAUBER stated that the intent of the committee was that it would pertain to follow-up care as far as the patient was concerned.
The SPEAKER stated that the Bill in its present status regulated what was defined as abortion clinics and excluded hospitals and that the amendment regulated the practices in abortion clinics and that it was germane and he overruled the Point of Order.
Rep. COBB-HUNTER objected to the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. CORNING having been recognized.
Rep. WILKINS moved that the House do now adjourn, which was adopted by a division vote of 57 to 33.
At 11:10 A.M. the House in accordance with the motion of Rep. SPEARMAN adjourned in memory of Brooks Connelly of Saluda County, to meet at 10:00 A.M. tomorrow.
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