Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. Peter in his First Epistle, Chapter 3 (v.12):
"The eyes of the Lord are over the righteous,
And His ears are open unto their prayers."
Let us pray.
Almighty God, whose PRESENCE and POWER are not far from those that truly seek Your help, You know that our lives are a mixture of good and evil.
Forgive us for our thoughts... words... and deeds that do not follow the plumb-line of that which is righteous in Your sight.
May the good that we have done become a habit.
May our holy thoughts be like good seed sown in the soil of our wills to bring forth the fruits of positive action... and good legislation.
Thank You for keeping Your eyes and ears upon us.
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator LAND introduced Dr. Clarence Coker of Manning, S.C., Doctor of the Day.
On motion of Senator PASSAILAIGUE, at 11:00 A.M., Senator WASHINGTON was granted a leave of absence for today.
On motion of Senator WILLIAMS, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.
On motion of Senator WILSON, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
S. 1251 -- Senators Giese and Wilson: A BILL TO AMEND SECTION 12-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR PAYING PROPERTY TAXES AND THE MANNER OF COLLECTION OF THESE TAXES, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO ALLOW THE PAYMENT OF PROPERTY TAXES ON AN INSTALLMENT BASIS IN HARDSHIP CASES, TO DEFINE HARDSHIP CASES, AND TO PROVIDE THAT THE COUNTY TREASURER SHALL DETERMINE ELIGIBILITY ON A CASE-BY-CASE BASIS.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4726 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1663, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator SETZLER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
On motion of Senator SETZLER, with unanimous consent, the Resolution was committed to the Committee on Transportation.
The following were introduced:
S. 1295 -- Senators Passailaigue, Land, McConnell, Richter, Ford and Washington: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER TO A LOCAL PUBLIC ENTITY APPROVED BY THE BOARD, AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS FROM MONIES SET ASIDE FOR THE PATRIOT'S POINT DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF SECTION 51-13-860 OF THE 1976 CODE, AND PROVIDE THAT THESE MONIES MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER, WITH THE MONEY FROM THIS LOAN USED BY THE ENTITY EXCLUSIVELY FOR THE BENEFIT OF SPOLETO FESTIVAL, USA.
Read the first time and referred to the Committee on Finance.
S. 1296 -- Senators Jackson and Matthews: A BILL TO AMEND SECTION 56-10-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING AN UNINSURED VEHICLE, SO AS TO PROVIDE THAT UPON PROOF OF FINANCIAL RESPONSIBILITY, THE PERSON'S DRIVING PRIVILEGES ARE RESTORED.
Read the first time and referred to the Committee on Judiciary.
S. 1297 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1650, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1298 -- Senator Bryan: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEEDINGS TO FORFEIT BAIL FUNDS, SO AS TO PROVIDE THAT BAIL MUST NOT BE FORFEITED UNLESS THE FORFEITURE PROCEEDING IS INITIATED WITHIN TWO YEARS FROM THE DATE THE BENCH WARRANT WAS ISSUED.
Read the first time and referred to the Committee on Judiciary.
S. 1299 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1300 -- Senators McGill, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrop, Washington, Williams and Wilson: A CONCURRENT RESOLUTION SALUTING JOHN MCKISSICK, LEGENDARY SUMMERVILLE HIGH SCHOOL FOOTBALL COACH, WHO HAS WON MORE FOOTBALL GAMES THAN ANY OTHER COACH IN HISTORY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4827 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Waldrop, Boan and Hodges: A CONCURRENT RESOLUTION ENDORSING THE PETITION REQUESTING AN ADMINISTRATIVE WAIVER REGULATION FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ALLOW STATES TO DEVIATE FROM AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM REGULATIONS FOR THE PURPOSE OF MAKING PROGRAM ADMINISTRATION MORE EFFICIENT AND EFFECTIVE.
Whereas, currently application and eligibility requirements differ substantially among the Aid to Families with Dependent Children (AFDC), food stamp, and Medicaid programs; and
Whereas, a recent congressional task force on welfare simplification and coordination identified fifty-seven policy differences between the AFDC and food stamp programs; and
Whereas, such differences make the application process confusing and more difficult for clients and the administration of these programs more prone to error; and
Whereas, at present the South Carolina Department of Social Services and other state social service agencies are petitioning the Department of Health and Human Services for an administrative waiver regulation for the AFDC program; and
Whereas, such a waiver would allow states to request and the Secretary of the Department of Health and Human Services to grant deviations from AFDC program regulations for the purpose of making program administration more effective and efficient; and
Whereas, with administrative waiver ability the Department of Social Services could make asset requirements and application procedures and requirements uniform for AFDC and food stamps; and
Whereas, the ability to bring more uniformity into these programs will aid clients in accessing these services, will make the administration of these programs more streamlined, and will reduce the possibility of sanctions incurred for program errors. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, endorses the petition for an administrative waiver regulation from the Department of Health and Human Services to allow states to deviate from AFDC program regulations for the purpose of making program administration more efficient and effective.
Be it further resolved that a copy of this resolution be forwarded to Donna Shalala, Secretary of the Department of Health and Human Services, Washington, D.C.
Referred to the General Committee.
H. 4961 -- Reps. Gamble, Wright, Stuart, Koon, Sturkie, Riser and Spearman: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. VERNA LEONA "TINCY" P. SETZLER OF WEST COLUMBIA, MOTHER OF OUR FRIEND AND COLLEAGUE, THE HONORABLE NIKKI G. SETZLER, UPON HER DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4288 -- Reps. Shissias, Harrison, Gamble, Waites, Felder, Worley, Beatty, Kelley, Littlejohn, McElveen, Delleney, Klauber, Phillips, D. Wilder, Corning, Wright, Keyserling, Stone, Davenport, Witherspoon, Thomas, Baxley and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2735 SO AS TO ESTABLISH EDUCATIONAL REQUIREMENTS FOR CAREGIVERS IN CHILD DAY CARE CENTERS AFTER JUNE 30, 1994, AND TO PROVIDE AN EXCEPTION.
Read the first time and referred to the General Committee.
H. 4373 -- Reps. Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-153 SO AS TO PROVIDE THAT IF A PHARMACIST SUBSTITUTES A GENERIC DRUG FOR A PRESCRIPTION DRUG THE GENERIC DRUG MUST BE LISTED FIRST FOLLOWED BY THE PRESCRIPTION DRUG IN PARENTHESES.
Read the first time and referred to the Committee on Medical Affairs.
H. 4382 -- Rep. J. Bailey: A BILL TO AMEND SECTION 38-73-1425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE CONCERNING THE SAFE DRIVER DISCOUNT AND PROVIDE THAT THE ESTABLISHING OF A RATE FOR ALL BUSINESS CEDED TO THE FACILITY MUST BE PHASED IN OVER A TWO-YEAR PERIOD IN A PARTICULAR MANNER.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.
Read the first time and referred to the Committee on Judiciary.
H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: A BILL TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF OF STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS IN HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS DEMONSTRATION SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO SCHOOLS REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER AGENCIES AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT THE REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE PENALTIES FOR FAILURE TO PARTICIPATE, TO REQUIRE SCHOOL OFFICIALS TO REPORT CERTAIN CRIMINAL BEHAVIOR BY STUDENTS TO APPROPRIATE LAW ENFORCEMENT AGENCIES, TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN REGULATIONS REGARDING PARENTING, FAMILY LITERACY, AND PARENTAL INVOLVEMENT PROGRAMS, TO PROVIDE FOR CONTINUING LEGAL EDUCATION SEMINARS IN ISSUES OF YOUTH VIOLENCE FOR ATTORNEYS LICENSED TO PRACTICE IN THIS STATE; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1331 SO AS TO AUTHORIZE FAMILY COURT JUDGES TO ORDER AS A CONDITION OF PROBATION CERTAIN CHILDREN TO PARTICIPATE IN A SPECIAL ALTERNATIVE CONFINEMENT UNIT; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES; AND BY ADDING SECTION 20-7-3236 SO AS TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL ESTABLISH A SHORT-TERM SPECIAL ALTERNATIVE CONFINEMENT UNIT FOR CERTAIN NONVIOLENT JUVENILES.
Read the first time and referred to the Committee on Education.
H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4560 -- Reps. Hodges and J. Wilder: A BILL TO AMEND SECTION 7-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO DELETE LANGUAGE WHICH PROVIDES THAT CONFINEMENT IN ANY PUBLIC PRISON DISQUALIFIES A PERSON FROM BEING REGISTERED OR VOTING AND PROVIDE THAT A PERSON IS DISQUALIFIED FROM VOTING IF HE IS SERVING A TERM OF IMPRISONMENT RESULTING FROM A CONVICTION OF A CRIME.
Read the first time and referred to the Committee on Judiciary.
H. 4627 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4628 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-67-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, SO AS TO REVISE THE NAME OF THE BOARD; TO AMEND SECTION 40-67-80, RELATING TO MEMBERSHIP ON THE BOARD, SO AS TO PROVIDE FOR TWO SPEECH-LANGUAGE PATHOLOGISTS ON THE BOARD RATHER THAN TWO SPEECH PATHOLOGISTS AND TO PROVIDE THAT NOMINATION FOR BOARD APPOINTMENT MUST BE MADE ONLY FOR THE SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST POSITIONS; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4629 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4662 -- Rep. Hodges: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.
Read the first time and referred to the Committee on Judiciary.
H. 4737 -- Reps. Gamble, Waites, Cromer, Quinn, Neal, Sturkie, Stuart, Shissias, Harrison, Koon, Wright, Riser, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 55-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD AND LIMIT A MEMBER OF THE COMMISSION TO TWO CONSECUTIVE TERMS.
Read the first time and on motion of Senator RYBERG, with unanimous consent, ordered placed on the local and uncontested Calendar without reference.
H. 4738 -- Reps. Gamble, Waites, Koon, Cromer, Sturkie, Stuart, Wright, Quinn, Riser, Neal, Harrison, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 59-53-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, INCREASE THE TERM OF THE MEMBERS OF THE COMMISSION FROM THREE TO FOUR YEARS, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
Read the first time and referred to the Committee on Education.
Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether or not H. 4820, the General Appropriation Bill, was in the box.
The PRESIDENT stated that H. 4820 was in the box.
Senator PASSAILAIGUE asked unanimous consent to make a motion, prior to giving H. 4820 a reading, that he be granted leave to raise several Points of Order and that the PRESIDENT rule on those Points of Order.
There was no objection.
Senator PASSAILAIGUE raised a Point of Order that Section 7, Part II of H. 4820 was out of order inasmuch as it seeks to alter a statutory provision and incorporate the resulting additional revenue into Part I of the Bill when the Bill has only passed one body of the General Assembly and that this revenue may not be appropriately recognized until this statutory change has become effective.
Senator PASSAILAIGUE raised a Point of Order that Section 7, Part II of H. 4820 was out of order inasmuch as it violates the provisions of Section 11-11-140 of the S.C. Code of Laws, 1976, as amended, and this section must be amended in legislation which is separate from the General Appropriation Bill.
Senator PASSAILAIGUE raised a Point of Order that Section 7, Part II of H. 4820 was out of order inasmuch as it does not take effect until July 1, 1995, which is beyond the fiscal year contained in H. 4820.
Senator PASSAILAIGUE raised a Point of Order that Section 7, Part II of H. 4820 was out of order inasmuch as the revenue generated by or resulting from this provision cannot be incorporated into H. 4820 inasmuch as the provision does not take effect until July 1, 1995.
Senator MARTIN made a Parliamentary Inquiry as to whether or not a Point of Order was raised as to the propriety of the Points of Order being raised by Senator PASSAILAIGUE.
The PRESIDENT stated that Senator PASSAILAIGUE had asked unanimous consent to make a motion to be granted leave to raise certain Points of Order relating to H. 4820 and that there was no objection.
Senator MARTIN raised a Point of Order that the Points of Order raised by Senator PASSAILAIGUE were out of order under the provisions of Rule 23 inasmuch as "all Bills or Joint Resolutions when first read shall be referred to the appropriate Committee" and the Points of Order would not be appropriate until after the Bill has been reported out of committee.
Senator STILWELL spoke on the Point of Order.
Senator SETZLER spoke on the Point of Order.
Senator PASSAILAIGUE spoke on the Point of Order.
Senator GIESE spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator McCONNELL raised a Point of Order that Senator PASSAILAIGUE had been granted unanimous consent to raise certain Points of Order with regard to H. 4820 and any further Points of Order relating to the initial Points of Order stated above would be out of order until such time as Senator PASSAILAIGUE was afforded an opportunity to complete the Points of Order as authorized pursuant to the unanimous consent of the Senate.
Senator SETZLER spoke on the Point of Order.
The PRESIDENT sustained the Point of Order raised by Senator McCONNELL.
Senator PASSAILAIGUE raised a Point of Order that Section 3, Part II of H. 4820, the General Appropriation Bill, is out of order inasmuch as it violates the provisions of Section 11-11-440, S.C. Code of Laws, 1976, as amended, which prohibits the enactment of a general tax increase in the General Appropriation Bill.
Senator PASSAILAIGUE raised a Point of Order that Section 3, Part II of H. 4820, the General Appropriation Bill, relating to the income tax on capital gains, was out of order inasmuch as the PRESIDENT had sustained Points of Order raised by Senator McCONNELL in 1991, regarding a Part II provision and by himself in 1993, regarding a Part I provision of the General Appropriation Bill.
Senator PASSAILAIGUE raised a Point of Order that Section 3, Part II of H. 4820, the General Appropriation Bill, is out of order inasmuch as it creates a special provision for one year which should be a Part I provision and then provides for a permanent change in the law for tax years beyond 1995.
Senator PASSAILAIGUE raised a Point of Order that Section 6, Part II of H. 4820, the General Appropriation Bill, is out of order inasmuch as it violates the provisions of Section 11-11-440 of the S.C. Code of Laws, 1976, as amended, in that it establishes a retroactive general tax increase in violation of this provision.
Senator PASSAILAIGUE raised a Point of Order that Section 55, Part II of H. 4820, the General Appropriation Bill, is out of order inasmuch as it is not germane to the Bill in that it does not reasonably or inherently relate to the raising or expenditure of revenue.
Senator PASSAILAIGUE raised a Point of Order that Section 70, Part I of H. 4820, the General Appropriation Bill, is out of order inasmuch as it is in violation of the provision of Section 12-27-1260 of the Code of Laws, 1976, as amended, in that it is a diversion from the Highway Trust Funds, and, therefore, contrary to the statutory requirements.
Senator SETZLER raised a Point of Order that the Points of Order raised by Senator PASSAILAIGUE are out of order inasmuch as they would not be appropriate until such time as the Bill has been reported out of committee and further stated that to respond to the Points of Order raised by Senator PASSAILAIGUE at this time would have the effect of reaching into the proceedings of the House of Representatives and thereby confer powers on the PRESIDENT that are not provided in the Constitution of this State or in the Rules of the Senate.
Senator LEATHERMAN spoke on the Point of Order.
Senator PASSAILAIGUE spoke on the Point of Order.
Senator STILWELL spoke on the Point of Order.
Senator GIESE spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
Senator MACAULAY spoke on the Point of Order.
Senator MARTIN spoke on the Point of Order.
The PRESIDENT sustained the Point of Order raised by Senator SETZLER.
H. 4820 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1994 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 1-1-1210, AS AMENDED, OF THE 1976 CODE RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO SET THEIR SALARIES EFFECTIVE WHEN THEY ASSUME OFFICE IN 1995 AND PROVIDE FOR ANNUAL INCREASES FOR THESE OFFICERS; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A RESIDENT TAXPAYER A DEDUCTION FOR EACH DEPENDENT CLAIMED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN WHO HAS NOT YET ATTAINED THE AGE OF SIX YEARS DURING THE APPLICABLE TAX YEAR TO MAKE THE DEDUCTION CONTINGENT UPON IDENTIFICATION OF A REVENUE SOURCE, AND PROVIDE FOR THE REVENUE SOURCE FOR FISCAL YEAR 1994-95 ONLY AS A DELAY IN THE FINAL STEP IN THE NET CAPITAL GAIN DEDUCTION; TO AMEND SECTION 48-23-100, AS AMENDED, OF THE 1976 CODE, RELATING TO FOREST TREE SALES BY THE STATE COMMISSION OF FORESTRY, SO AS TO DELETE REFERENCES TO FOREST TREES AND DELETE THE REQUIREMENT THAT SALE COSTS MAY NOT EXCEED THE COST OF PRODUCTION AND DISTRIBUTION, TO AUTHORIZE ADDITIONAL USES FOR THE TREES SOLD, AND TO PROVIDE THAT SALE PROCEEDS MAY BE RETAINED BY THE COMMISSION AND USED IN THE OPERATION OF TREE NURSERIES AND SEED ORCHARDS; TO AMEND SECTION 44-20-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO USE AND DISPOSITION OF EXCESS DEPARTMENT OF DISABILITY AND SPECIAL NEEDS FUNDS, SO AS TO PERMIT THE DEPARTMENT TO USE EXCESS DEBT SERVICE FUNDS FOR ONE TIME PREVENTION, ASSISTIVE TECHNOLOGY, AND QUALITY INITIATIVES; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 11-11-140 OF THE 1976 CODE, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO INCLUDE IN THE CALCULATION OF THE BASE REVENUE ESTIMATE RECURRING GENERAL FUND REVENUE ENHANCEMENTS IN THE CURRENT FISCAL YEAR IF CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-145 SO AS TO PROVIDE FOR COMPENSATION SUPPLEMENTS FOR COMMISSION OF FORESTRY PERSONNEL; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-132 SO AS TO PROVIDE FOR THE USE OF REVENUE RECEIVED FROM CERTAIN SOURCES BY THE COMMISSION OF FORESTRY; TO AMEND SECTION 1-1-1020, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM; TO AMEND SECTION 20-7-2379, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE GOVERNOR RATHER THAN THE GENERAL ASSEMBLY SHALL SET THE SALARY FOR THE DIVISION DIRECTOR AND THE DIVISION STAFF; TO AMEND SECTION 58-3-100, AS AMENDED, OF THE 1976 CODE, RELATING TO EXPENSES OF OPERATING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ALL FEES AND CHARGES IMPOSED BY THE COMMISSION FOR ITS OPERATION MAY BE RETAINED BY THE COMMISSION EXCEPT FEES AND CHARGES ATTRIBUTABLE TO THE TRANSPORTATION DIVISION IN EXCESS OF THE DIVISION'S OPERATING EXPENSES, WHICH MUST BE CREDITED TO THE GENERAL FUND OF THE STATE; TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION MUST ALLOCATE ANNUALLY A PORTION OF THOSE FUNDS TO CLEMSON PUBLIC SERVICE ACTIVITIES FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT, AND TO PROVIDE THAT THE LEVEL OF FUNDING MUST BE DETERMINED BY A COMMITTEE OF REPRESENTATIVES FROM VARIOUS ENTITIES; TO AMEND SECTION 44-20-355, AS AMENDED, OF THE 1976 CODE, RELATING TO THE FEE FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED, SO AS TO INCREASE THE FEE FROM FIVE DOLLARS TO EIGHT DOLLARS AND FIFTY CENTS A PATIENT DAY; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-25 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE DEPARTMENT OF JUVENILE JUSTICE FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 24-25-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE PALMETTO UNIFIED SCHOOL DISTRICT 1 OF THE DEPARTMENT OF CORRECTIONS FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 59-21-355 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH EDUCATION IMPROVEMENT ACT BUILDING AID APPROPRIATIONS SHALL BE ALLOCATED AND EXPENDED; BY ADDING SECTION 59-25-415 SO AS TO PROVIDE THAT CERTIFIED PERSONNEL WHO HAVE TAUGHT IN A SCHOOL DISTRICT FOR AT LEAST ONE YEAR AND WHO ARE DISMISSED FOR ECONOMIC REASONS HAVE PRIORITY FOR BEING REHIRED TO FILL ANY VACANCY FOR WHICH THEY ARE QUALIFIED WHICH OCCURS WITHIN TWO YEARS FROM THE DATE OF THEIR DISMISSAL; BY ADDING SECTION 59-26-45 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS UNDER WHICH STUDENTS WHO HAVE FAILED TO ACHIEVE A PASSING SCORE ON ALL SECTIONS OF THE EDUCATION ENTRANCE EXAMINATION (EEE) AFTER THE NUMBER OF ATTEMPTS ALLOWED BY LAW SHALL BE ALLOWED TO RETAKE THAT PORTION OF THE TEST FAILED; AND BY ADDING SECTION 59-67-421 SO AS TO PROVIDE THAT NO SCHOOL DISTRICT SHALL HAVE CERTAIN LIABILITY IN REGARD TO SCHOOL TRANSPORTATION WITHIN HAZARDOUS AREAS; TO AMEND SECTION 59-20-20, RELATING TO DEFINITIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "INDEX OF TAXPAYING ABILITY"; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE AVERAGE DAILY MEMBERSHIP PUPIL-TEACHER RATIO FOR GRADES 1 THROUGH 3 BE IMPLEMENTED TO THE EXTENT POSSIBLE ON AN INDIVIDUAL CLASS BASIS AND THAT THE PUPIL ENROLLMENT IN THESE GRADES SHOULD NOT EXCEED TWENTY-EIGHT PUPILS IN EACH CLASS; TO AMEND SECTION 59-20-50, AS AMENDED, RELATING TO THE LEVEL OF STATE AND LOCAL CONTRIBUTIONS AND SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THESE SALARY SCHEDULES, THE LEVEL OF REQUIRED STATE AND LOCAL EFFORT, AND THE MANNER IN WHICH SCHOOL DISTRICTS SHALL RECEIVE CERTAIN FUNDS UNDER THIS SECTION; AND TO AMEND SECTION 59-21-450, RELATING TO THE ALLOCATION OF UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND TO SCHOOL BUILDING AID PROGRAMS, SO AS TO REVISE THE FUNDS TO WHICH THIS SECTION APPLIES; TO AMEND SECTION 38-13-20, AS AMENDED, OF THE 1976 CODE, RELATING TO EXAMINATIONS OF INSURANCE COMPANIES BY THE DEPARTMENT OF INSURANCE, SO AS TO CLARIFY WHAT EXAMINATION EXPENSES AN INSURANCE COMPANY IS LIABLE FOR, TO PROVIDE LOWER EXAMINATION FEES FOR DOMESTIC INSURERS WITH LESS THAN ONE MILLION DOLLARS IN TOTAL CAPITAL AND SURPLUS AS OF DECEMBER 31, 1993, TO PROVIDE FOR APPEALS BY INSURERS OF EXAMINATION FEES, AND TO PROVIDE THAT EXAMINATION FEES ARE RETAINED BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 A GALLON GASOLINE TAX, SO AS TO PROVIDE FOR THE EXPENDITURE OF A COUNTY'S APPORTIONMENT OF "C" FUNDS AND TO CHANGE DEPARTMENT NAMES; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY OR MUNICIPALITY WHICH IMPOSES A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES OF THE REAL ESTATE TRANSFER FEE OR TAX; TO REPEAL CHAPTER 15, TITLE 2 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE LEGISLATIVE AUDIT COUNCIL, AND TO REPEAL CHAPTER 22, TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO REPEAL CHAPTER 19 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE STATE REORGANIZATION COMMISSION, AND TO REPEAL CHAPTER 22 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-75 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY WHICH IMPOSES A FEE OR TAX ON INSURANCE COMPANIES NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES FROM THE FEE OR TAX; TO AMEND SECTION 12-21-2423 OF THE 1976 CODE, RELATING TO THE USE OF A PORTION OF ADMISSIONS TAX REVENUES TO FUND INFRASTRUCTURE IMPROVEMENTS AND PROVIDE AN INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO EXPAND THE DEFINITIONS OF MAJOR TOURISM OR RECREATION FACILITY TO INCLUDE "DESIGNATED DEVELOPMENT AREA" AND TO DEFINE SUCH AREAS AND PROVIDE THE REQUIRED INVESTMENT AMOUNTS APPLICABLE TO SUCH AREAS, AND TO ADD SPECIFIC CATEGORIES OF FACILITIES ELIGIBLE FOR THE DESIGNATION "MAJOR TOURISM OR RECREATION FACILITY" AND "SECONDARY SUPPORT FACILITIES" AND "ADDITIONAL INFRASTRUCTURE IMPROVEMENT"; AND TO AMEND SECTION 13-1-1720, RELATING TO THE DUTIES OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE INFRASTRUCTURE GRANTS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-30-130, SO AS TO DEVOLVE UPON THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES THE POWERS AND DUTIES OF THE SOUTH CAROLINA ARTS MUSEUM, SOUTH CAROLINA MUSEUM COMMISSION, STATE LIBRARY BOARD, COMMISSION OF ARCHIVES AND HISTORY, AND CONFEDERATE RELIC ROOM, TO AMEND THE 1976 CODE BY ADDING CHAPTER 17 IN TITLE 60, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND ARTS, SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES AND PROVIDE FOR ITS GOVERNANCE, FUNCTIONS, AND DIVISIONS, TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES, TO PROVIDE TRANSITION PROVISIONS, AND TO REPEAL CHAPTERS 1, 11, AND 15 OF TITLE 60 OF THE 1976 CODE AND ARTICLE 1, CHAPTER 13 OF TITLE 60 OF THE 1976 CODE, RELATING TO THE ENTITIES DEVOLVED UPON THE DEPARTMENT CREATED BY THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-45 SO AS TO PROVIDE THAT NO STATE AGENCY SHALL ENTER INTO A SETTLEMENT OF ANY LITIGATION OR DISPUTE REQUIRING THE EXPENDITURE OF MONIES APPROPRIATED OR PROVIDED FOR IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WITHOUT PRIOR WRITTEN APPROVAL FROM THE BUDGET AND CONTROL BOARD; TO PROHIBIT STATE-SUPPORTED COLLEGES AND UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, FROM INCREASING TUITION AND FEES TO IN-STATE STUDENTS UNTIL SUCH TIME AS THE INSTITUTIONS RECAPTURE AND MAINTAIN ONE HUNDRED PERCENT OF THE TOTAL EDUCATION AND GENERAL COST OF OUT-OF-STATE STUDENTS, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION OVER A SPECIFIED NUMBER OF YEARS SHALL DECREASE THE SUBSIDY TO OUT-OF-STATE STUDENTS UNTIL THE STATE SUBSIDY IS AT TWENTY-FIVE PERCENT OF THE TOTAL EDUCATION AND GENERAL COST; TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-175 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND IMPLEMENT THE SAME FEE SCHEDULE FOR INFECTIOUS WASTE GENERATED OUTSIDE OF THIS STATE AS IS CHARGED FOR INFECTIOUS WASTE GENERATED WITHIN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-235 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE SHALL PROVIDE FOR THE APPOINTMENT AND GOVERNANCE OF ASSOCIATE JUDGES FOR CHILD SUPPORT WHO SHALL PRESIDE OVER PATERNITY AND CHILD SUPPORT MATTERS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND TO PROVIDE FOR THE AUTHORITY OF AND APPEALS FROM THESE JUDGES; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FEES IN FAMILY COURT MATTERS, SO AS TO DELETE THE EXEMPTION FOR PAYING COURT FEES IN DEPENDENCY ACTIONS; TO AMEND SECTION 43-5-235, AS AMENDED, RELATING TO REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF THE CHILD SUPPORT COLLECTION PROGRAM, SO AS TO INCLUDE PROVISIONS RELATING TO PAYMENT OF UNIT COSTS AND TO PROVIDE THAT THESE MONIES MUST BE DEPOSITED INTO A SPECIAL ACCOUNT FOR THE EXCLUSIVE USE BY CLERKS OF COURT IN THE CHILD SUPPORT PROGRAM; AND TO REPEAL SECTION 20-7-1317, RELATING TO USE OF FEDERAL FUNDS BY CLERKS OF COURT FOR THE OPERATION OF WAGE WITHHOLDING FOR CHILD SUPPORT; TO AMEND SECTION 22-3-550 OF THE 1976 CODE, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT; TO REPEAL SECTION 56-1-145 OF THE 1976 CODE, RELATING TO THE USE OF INCREASED MOTOR VEHICLE REGISTRATION FEES FOR ACCESS ROUTES TO DISTRESSED AREAS.
Read the first time and referred to the Committee on Finance.
Senator PASSAILAIGUE renewed the Points of Order he previously raised on H. 4820, the General Appropriation Bill.
Senator SETZLER made a Parliamentary Inquiry as to whether or not H. 4820, the General Appropriation Bill, had received first reading.
The PRESIDENT stated that the Bill had been read the first time.
Senator SETZLER raised a Point of Order that the Points of Order raised by Senator PASSAILAIGUE came too late inasmuch as the Bill had been disposed of for that legislative day.
The PRESIDENT sustained the Point of Order.
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Read the first time and referred to the Committee on Finance.
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Read the first time and referred to the Committee on Finance.
H. 4919 -- Reps. T.C. Alexander and Graham: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator MACAULAY, with unanimous consent, H. 4919 was ordered to receive a second reading on Friday, March 25, 1994.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 1146 -- Senators Setzler, Leventis, Leatherman, Giese, J. Verne Smith, Hayes and Lander: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 1154 -- Senators Lander, Matthews and Setzler: A BILL TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION OF PUBLIC BUILDINGS FOR ACCESS BY HANDICAPPED PERSONS, SO AS TO ADOPT THE REQUIREMENTS FOR ACCESSIBILITY FOR PEOPLE WITH PHYSICAL DISABILITIES IN THE STANDARD BUILDING CODE AND TO REVISE VARIOUS PROVISIONS IN THIS ARTICLE TO CONFORM; TO REVISE THE EX OFFICIO MEMBERS OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN; TO PROVIDE THAT THE BOARD IS EXEMPT FROM REVIEW UNDER CHAPTER 20, TITLE 1; TO PROVIDE THAT THE BOARD IS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION WHICH MUST PROVIDE CERTAIN SERVICES AND FACILITIES; TO AUTHORIZE THE BOARD TO DELEGATE ENFORCEMENT TO COUNTY BUILDING OFFICIALS OR TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AUTHORIZE A PERSON WHO IS DEPRIVED OF RIGHTS UNDER THIS CHAPTER TO SEEK AN INJUNCTION; AND TO AMEND SECTION 1-20-50, AS AMENDED, RELATING TO DATES FOR TERMINATION OF CERTAIN BOARDS UNDER REVIEW BY THE REORGANIZATION COMMISSION, SO AS TO DELETE THE BOARD FOR BARRIER-FREE DESIGN.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Clemson's Division of Agriculture and Natural Resources to attend a Catfish & Grits Supper at the Woman's Club of Columbia on Tuesday, April 12, 1994, at 6:00 P.M.
Courson Peeler Wilson
Thomas Stilwell O'Dell
Passailaigue
Matthews Patterson Russell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Summary Court Judges' Association to attend a reception at Seawell's (State Fairgrounds) on Wednesday, April 13, 1994, from 6:00 until 9:00 P.M.
Courson Peeler Wilson
Thomas Stilwell O'Dell
Passailaigue
Matthews Patterson Russell
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Farm Bureau Federation to attend a 50th Anniversary Celebration Reception at the Sheraton Hotel on Tuesday, April 19, 1994, from 6:00 until 7:30 P.M.
Courson Peeler Wilson
Thomas Stilwell O'Dell
Passailaigue
Matthews Patterson Russell
S. 1015 -- Senators Leventis, Drummond, Land, Bryan, Giese, Rose, Lander, Martin, Ryberg and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNITED STATES CONGRESS INCLUDE ITS MEMBERS AND EMPLOYEES IN ANY NATIONAL HEALTH CARE LEGISLATION IT ADOPTS IN 1994 OR THEREAFTER.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4177 -- Reps. Martin and Worley: A BILL TO AMEND SECTION 50-11-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO DELETE THE DAILY LIMIT ON ANTLERED DEER IN GAME ZONE 7.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3358 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS TO TAKE GAME ANIMALS DESTROYING PROPERTY OR FOR RESEARCH PURPOSES, SO AS TO PROVIDE AN EXCEPTION FOR THE PERMIT REQUIREMENT.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 4344 -- Reps. Harwell, Baxley, J. Brown, Cobb-Hunter, Delleney, Gonzales, Harrelson, Harrison, Harvin, Haskins, Jaskwhich, Jennings, Keyserling, Kirsh, Meacham, Neilson, Phillips, Rhoad, Richardson, Snow, Tucker, Waites, Waldrop, D. Wilder, J. Wilder, Wilkes, Corning, Allison, P. Harris, A. Young, Inabinett, Whipper, Rudnick, Stuart and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-17-117 SO AS TO PROVIDE FOR DONATIONS OF REAL AND PERSONAL PROPERTY TO THE HERITAGE TRUST PROGRAM AND FOR RELATED POWERS FOR THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 4483 -- Reps. Snow and Riser: A BILL TO AMEND SECTION 50-13-1198, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON HERRING FISHING AT ST. STEPHEN POWERHOUSE, SO AS TO REVISE AN INCORRECT REFERENCE AND REVISE THE SEASON TO WHICH THE LIMITATIONS APPLY.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
H. 4937 -- Reps. Fair, Vaughn, Haskins, Cato, Jaskwhich, McMahand, M.O. Alexander, Wilkins, Anderson, Baker, Mattos, Clyborne and Stoddard: A BILL TO AUTHORIZE THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO RECEIVE AN ANNUAL SALARY SET BY THE BOARD BY RESOLUTION AND TO PROVIDE THAT ANY INCREASE MAY NOT TAKE EFFECT UNTIL AFTER THE NEXT REGULARLY SCHEDULED ELECTION FOR TRUSTEES.
H. 4690 -- Reps. Gamble, Stuart, Wright and Riser: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DECREASE FROM FIVE TO FOUR THE TERMS OF A MEMBER OF THE COMMISSION, AND PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS; TO PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR THE NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators SETZLER and WILSON proposed the following amendment (PT\1045DW.94), which was adopted:
Amend the bill, as and if amended, on page 1, SECTION 1, line 36, by inserting after /terms./ /A member serving on July 1, 1994, may serve until the expiration of the term for which he was elected and may serve two additional terms./
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator SETZLER, H. 4690 was ordered to receive a third reading on Friday, March 25, 1994.
H. 4501 -- Reps. Snow, McMahand, Baker, Farr, McAbee, Carnell, Townsend, Jaskwhich, Allison, Chamblee, D. Smith, Tucker, Stille, Littlejohn, Cooper, Haskins, Cato, Vaughn, Trotter, Anderson, Fair, T.C. Alexander, Wells, Lanford, Davenport, Phillips, McCraw, Mattos and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-395 SO AS TO PROVIDE FOR THE ISSUANCE OF ANTERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
Senator HOLLAND asked unanimous consent to make a motion to proceed to a consideration of the Bill.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE objected to further consideration of the Bill.
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.
Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Education Committee proposed the following amendment (S-EDUC\4681.01), which was adopted:
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 "South Carolina School-To-Work Transition Act of 1994".
SECTION 2. The General Assembly finds:
(a) Even though more than half of the state's high school students do not go on to college but seek to enter the job market, South Carolina has no clear system for school-to-work transition. Low-skill jobs are quickly disappearing. The job market increasingly demands that employees enter the work force with middle-skill or high-skill capabilities, but educational experiences typically leave high school graduates ill-prepared for the work place. The absence of a coherent system has harmful effects for both business competitiveness, school effectiveness, and quality of life standards.
Merely "tuning up" the high school "general track" will not be enough to meet these demands. The combination of unchallenging classes, low expectations, and isolation from the adult work place results in too many students lacking the skills, motivation, and connections that lead to successful and productive adult lives.
(b) Nations which compete internationally with the United States help their students acquire academic and occupational skills that are essential for success as we approach the twenty-first century. The specific approaches vary by country but, typically, they include:
(1) quality schooling,
(2) career exploration,
(3) work-site experiences, and
(4) work-based teaching and apprenticeships.
In these countries, schools and employers work together to facilitate a young person's entry into the work force.
(c) South Carolina's secondary education system does not provide these steps in educating and preparing our youth for work. Our nation has traditionally divided students into college-bound and noncollege bound. While college-bound students are required to follow a challenging and clearly defined curriculum, the noncollege bound have entered the "general track" which is less academically challenging and is often cited as preparing students for "nothing in particular". In South Carolina, fifty-two percent of our students are in the "general track" while twenty-eight percent of the students are directed into the academic college-prep track, and the other twenty percent of the students are placed in the vocational track. "General track" students receive little preparation for higher education and little guidance on how to move into a career that can support an acceptable quality of life. Their reading, writing, math, and communications skills are generally inadequate for the demands of today's quality employers and for higher education.
SECTION 3. For purposes of this act, unless the context indicates otherwise, the words or phrases listed below are defined as follows:
(1) "Youth apprenticeship" means a program that offers students, beginning in the eleventh grade, a course of study which integrates academic curricula, work-site learning, and work experience leading to high school graduation with post-secondary options and preparation for the world of work.
(2) "Tech Prep" means a program of study designed specifically to prepare students for careers and lives affected by technology. Tech Prep involves applied academic courses, targeted technology study, and specialized career guidance. Tech Prep blends academics and technology education and emphasizes broad-based competencies in career education. Tech Prep links high school and two-year college programs, eliminating gaps and overlaps to provide enhanced academic and vocational preparation for mid-level technology careers.
(3) "Mentoring" means an umbrella term for many forms of formal one-on-one relationships between a community's citizens and their students. The broad types of mentoring programs include:
(a) "Traditional mentor programs" means programs which seek to build a long-lasting relationship during which the mentor and protege work on the protege's personal development and interpersonal skills. The relationship generally lasts a year, with the mentor maintaining occasional contact with the protege for an additional one to two years.
(b) "Shadowing" means a short-term experience to introduce a student to a particular job by pairing the student with a worker. The protege follows or "shadows" the worker for a specified time to better understand the requirements of a particular career.
(c) "Service learning" means an experience for one or more students at a work site or community agency during which the students work on a project each week after school. Under close adult supervision, students develop work skills and learn how to behave in work situations.
(4) "Internship" means a one-on-one relationship to provide "hands on" learning in an area of student interest. A learning contract outlines the expectations and responsibilities of both parties. The protege works regularly after school for three or four hours a week in exchange for the mentor's time in teaching and demonstrating. The internship generally lasts from three to six months.
SECTION 4. (A) As a part of the school-to-work system, the State Board of Education shall establish a structure for preparing students for employment and lifelong learning which expands upon the current Tech Prep model to include four components:
(1) quality schooling having a rigorous curriculum,
(2) career counseling,
(3) work exploration and experience, and
(4) structured work-based learning.
In developing the school-to-work system, the emphasis shall be on a structure which is flexible to meet local school needs and available to all students as needed and appropriate. Students and their parents will make the decision as to which track the student will follow and students may transfer between Tech Prep and College Prep tracks within guidelines established by the State Board of Education to allow for transfer up to the senior year of high school. The State Board of Education, for the purpose of successfully establishing and implementing the school-to-work system, shall endeavor to obtain the cooperation of employees, the Commission on Higher Education, post-secondary institutions, and the several school districts.
(B) The State Board of Education shall, beginning with school year 1994-95, establish by regulation quality schooling which, at a minimum shall include:
(1) a rigorous, relevant academic curriculum which shall among other changes or improvements:
(a) include rigorous applied academic methodologies in mathematics, science, and communications skills where appropriate;
(b) increase mathematics instruction to include statistics, logic, measurement, and probability;
(c) incorporate in the curriculum the skills and competencies suggested in the United States Secretary of Labor's Commission on Achieving Necessary Skills (SCANS) report and those identified in the employer survey report of the South Carolina Chamber of Commerce's Business Center for Excellence in Education including an emphasis on the importance of individual achievement as a cornerstone upon which self-respect, academic, and personal success are founded;
(d) eliminate the "general track" for students first enrolling in high school on or after the 1996-97 school year;
(e) develop plans to accelerate the learning of students that are behind their age peers; and
(f) develop plans that take into account student learning style.
(2) changes in vocational education programs which:
(a) redefine vocational programs so as to expand their content, relevancy, and rigor in preparation for lifelong learning and living in a technological society; and
(b) integrate competency-based instruction in academic and occupational courses;
(C) With the advice of the statewide advisory council hereinafter established, the State Board of Education shall, beginning in school year 1996-97, establish regulations for:
(1) Career exploration and counseling which includes:
(a) student exposure to career options by integrating career counseling activities into the kindergarten through grade twelve curriculum;
(b) a comprehensive career guidance plan which has a major plan and an alternate plan for each student starting in grade six and is revised each year as the student progresses towards graduation and which requires the districts to seek parental assistance in the development of the plan;
(c) in-service courses to equip guidance counselors with skills necessary to integrate career guidance and career planning.
(2) A range of mentoring opportunities beginning no later than the seventh grade which includes traditional mentoring, shadowing, service-learning, school-based enterprises, and internships as defined in SECTION 3. Mentoring activities shall emphasize students' interests, skills, and needs.
(3) Structured work-based learning opportunities and components of these work-based opportunities include:
(a) structured work-based learning to include the establishment of a youth apprenticeship model as defined in Section 3;
(b) integration of academic and vocational learning;
(c) coordination and integration of school and work-place learning; and
(d) credentials for both academic and occupational skills.
These programs shall be governed by broad coalitions of institutional partners.
SECTION 5. School district boards of trustees shall by school year 1995-96:
(a) implement the rigorous academic changes and changes to vocational education programs as directed by the State Board of Education pursuant to Section 4;
(b) develop plans for elimination of the general track by school year 1996-97; and
(c) implement career exploration and counseling pursuant to Section 4 by school year 1996-97.
Districts must report steps taken to integrate these changes in the annual updates of the comprehensive five-year plans mandated by the Early Childhood Development and Academic Assistance Act of 1993.
SECTION 6. Notwithstanding any other provision of law, the stipulated completion dates required in SECTION 5 of this act may be extended by one year upon approval from the State Board of Education. Districts requesting such a waiver must outline how the extension will improve the planning and implementation of this act.
SECTION 7. (A) In establishing a school-to-work system, the State Board of Education shall provide for professional development in applied techniques and integration of curriculum, professional development in career guidance for teachers and guidance counselors, and training for mentors.
(B) The school-to-work system required by this act as established by the State Board of Education shall include a program of accountability of student progress to ensure quality which shall include a survey of Tech Prep graduates in order to obtain such information as the rate of hire, starting wages or salaries, wages or salary rates five years after graduation, and additional education pursued.
SECTION 8. (A) As a part of the school-to-work system, the South Carolina Employment Security Commission shall work with the Department of Education, the State Board for Technical and Comprehensive Education, and the Commission on Higher Education to assist in the planning and promotion of the school-to-work opportunities by:
(1) identifying potential employers to participate in the work-based learning programs sponsored under this act;
(2) serving as a contact point for employers seeking information on school-to-work activities;
(3) providing labor market information relative to supply and demand, and non-traditional jobs for women; and
(4) promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System (SCOIS).
(B) The South Carolina Employment Security Commission will provide the link between employers in South Carolina and youth seeking employment.
SECTION 9. (A) The South Carolina School-To-Work Advisory Council appointed by the Governor representing a broad-based coalition of business and industry and including representatives of the State Department of Education, Employment Security Commission, the Commission on Higher Education, State Board for Technical and Comprehensive Education, the South Carolina Chamber of Commerce, the Urban League, Tech Prep Consortia and local school districts shall convene no later than July 1, 1994, to guide, encourage, and facilitate actions which enable the school-to-work system to be implemented. The role of the advisory council is to work with the State Board of Education to:
(1) provide input to shape the development and scope of a statewide initiative;
(2) help promote the school-to-work system to key employers and education leaders across the state and encourage active participation of employers across the State; and
(3) identify and recognize exemplary programs and practices and help disseminate general information to interested parties across the State.
The School-To-Work Advisory Council shall report to the House Education and Public Works and the Senate Education Committees by January 1, 1996, as to the progress made in establishing the school-to-work system, difficulties encountered, and any actions required by the General Assembly to ensure success of the system.
(B) Because of the need to link education and labor in the planning and delivery of youth apprenticeship programs and with increasing emphasis on partnerships between labor and education in pending federal school-to-work legislation, the State Department of Education with the South Carolina Employment Security Commission are jointly responsible for implementing the school-to-work transition system.
(C) The school-to-work system established by this act shall be coordinated with the South Carolina's Job Training Partnership Act (JTPA) delivery system at both the state and local levels. This coordination may include staff directors of JTPA service delivery areas and Private Industry Council (PIC) chairmen participating in ongoing state, regional, and local advisory committees. The Director of the Department of Commerce with the State Superintendent of Education shall establish an ongoing statewide advisory committee with representation from the agencies designated in subsection (A) and public and private entities involved in the development of South Carolina's work force. The committee shall be charged with the overall coordination activities of a school-to-work plan and the liaison function with other public and private agencies to monitor participation of employers and cooperation of all parties involved. Regional coordination of the plan shall become a function of the sixteen Tech Prep consortium hubs established pursuant to the current Tech Prep system, and these Tech Prep consortium hubs also shall serve as the region advisory committees. Each school district board of trustees shall establish local advisory committees to address unique employment needs of their areas.
SECTION 10. (A) The State Board for Technical and Comprehensive Education in conjunction with the State Board of Education shall develop measures for articulation of high school courses to post-secondary technical institutions including procedures to enable qualified students to achieve advanced standing in technical college programs.
(B) Beginning with the 1995-96 school year, completion of applied academic courses in mathematics, science, and communications skills shall fulfill high school course prerequisite requirements as equivalent to precollege curriculum requirements for applicants to four-year post-secondary institutions, unless by December 1, 1994, a four-year post-secondary institution reports its reasons for not accepting those courses to the House Education and Public Works Committee and the Senate Education Committee. School districts must certify that the applied academic courses offered are equivalent to the precollege curriculum requirements.
(C) The State Board for Technical and Comprehensive Education and the Council of College Presidents, or their designees, through the Commission on Higher Education, shall clarify and strengthen articulation agreements between associate degree programs and baccalaureate degree programs.
(D) Actions taken related to all articulation measures must be reported to the School-To-Work Advisory Council no later than July 1, 1995.
(E) Four-year institutions having teacher education programs must offer courses to equip potential teachers and guidance counselors with skills necessary to integrate career guidance and career planning. These institutions must also train potential teachers in how to use applied methodologies for academic courses. Changes in course offering and course curriculum shall be reported to the School-To-Work Advisory Council no later than July 1, 1995.
SECTION 11. Representatives from the Department of Commerce, the Department of Revenue and Taxation, Workers' Compensation Commission, the Department of Insurance, and the Department of Labor, Licensing and Regulation shall be convened by the Department of Commerce to conduct a feasibility study and make recommendations regarding tax credits for work-based programs, maximizing government and private funding spent on education, and issues related to workers' compensation, insurance and liability as each relates to the school-to-work system. Within six months after the effective date of this act, findings from the study and recommendations must be made to the School-To-Work Advisory Council, the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Education Committee, and the Senate Finance Committee.
SECTION 12. Representatives from the Department of Education, the Tech Prep Consortia, local school districts, and businesses involved in mentoring and work-site learning shall be convened by the Department of Education no later than March 1, 1996, for a review to include the following: transportation, staff for the transition system at the district level, training for staff and volunteers, textbook changes, and other issues related to the establishment of the School-to-Work Transition system. No later than October 1, 1996, the results of this review shall be given to the School-To-Work Advisory Council, the House Ways and Means Committee, the House Education and Public Works Committee, Senate Finance Committee, and the Senate Education Committee.
SECTION 13. Section 41-13-20 of the 1976 Code is amended to read:
"Section 41-13-20. No employer in this State shall engage in any oppressive child labor practices. The Commissioner of Labor Director of the Department of Labor, Licensing and Regulation shall promulgate regulations pursuant to Sections Section 1-23-10 et seq. which will prohibit and prevent such oppressive child labor practices provided that such regulations shall not be more restrictive or burdensome than applicable federal laws or regulations.
During the regular school year, not including holiday periods, no child under eighteen years of age who is enrolled in middle school or high school may be employed more than twenty hours a week. This restriction does not apply to children sixteen and seventeen years of age if the employer receives written approval for the child to work beyond twenty hours a week from the child's parent or guardian and from the child's principal or a designee. However, a local school district board of trustees may, upon a positive vote, exempt a school district from this requirement."
SECTION 14. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill was carried over as amended, on motion of Senator SETZLER.
H. 4071 -- Rep. Jennings: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
On motion of Senator MOORE, the Bill was carried over.
Having been previously carried over on Wednesday, March 23, 1994, the following appointment was carried over until 12:45 P.M. on Tuesday, March 29, 1994, to the exclusion of all other matters:
Reappointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to expire March 15, 1995:
First Congressional District:
Reverend Willie E. Givens, Jr., 82 Brisbane Drive, Charleston, S.C. 29407
Senator MITCHELL moved to carry over the appointment and asked unanimous consent that consideration of the appointment commence at 12:45 P.M. to the exclusion of all other matters and that the question of confirmation be voted on prior to adjournment on Tuesday, March 29, 1994.
There was no objection and the appointment was carried over.
On motion of Senator WILSON, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following name was reported to the Senate in open session:
Having been reported favorably from Executive Session, on motion of Senator WILLIAMS, with unanimous consent, the following appointment was confirmed:
Initial Appointment, Member, South Carolina Workers' Compensation Commission, with term to commence when confirmed, and to expire June 30, 1998:
At-Large:
Mr. W. Lee Catoe, 9813 Highgate Road, Columbia, S.C. 29223
I certify that I took no action in the matter of the confirmation process and consideration of the appointment of Mr. W. Lee Catoe to the Workers' Compensation Commission, which would preclude my representation of a client under the provisions of Section 8-13-745.
Senator WILLIAMS moved that when the Senate adjourns on Friday, March 25, 1994, it stand adjourned to meet next Tuesday, March 29, 1994, at 12:00 Noon, which motion was adopted.
At 12:32 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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