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:
Almighty and most merciful God, we praise You for Your many blessings. Make us ever conscious of our debt of gratitude to You. Cause us to know always that this is God's world, the object of God's creation, the arena of man's activity, the scene of man's struggle; that this is God's time - exciting and full of hope, though sometimes confusing and full of anxiety; that we are God's people, called into being and sustained by God's power. Make us always aware that, as God's children, we are to speak His words and do His will.
So use us, we pray, to Your glory and to Your name's honor.
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. KIRSH moved that when the House adjourns, it adjourn in memory of Wyman Wallace of Clover, which was agreed to.
April 5, 1995
The Honorable David Wilkins
Speaker of the House of Representatives
Suite 510, Blatt Building
Columbia, South Carolina 29202
Dear Mr. Speaker:
On behalf of the Governor's School for the Arts Study Committee, I am pleased to submit the enclosed Final Report of the Committee.
Act 447 of 1994 created the Governor's School for the Arts Study Committee, and required it to report its recommendations to the General Assembly by April 1, 1995, concerning the following issues:
*the feasibility and desirability of additional state funding for a nine-month residential school for the arts and humanities;
*the recommended location for such a school; and
*access for students from all geographic locations and with limited economic means.
After several months of meetings and the completion of a thorough and thoughtful selection process, we offer our recommendations for further review and consideration by the General Assembly.
Copies of the final report are available through Legislative Printing or through my office at Suite 313 of the Gressette Building.
As Chairman of the Study Committee, I would like to extend special recognition and thanks to Representatives Elsie Rast Stuart and Carole Wells for their participation and assistance on the Committee.
Sincerely,
J. Verne Smith
Chairman
Governor's School for the Arts Study Committee Membership:
* Created by Act 447 of 1994.
* Senators Smith and Washington representing the Senate, Representatives Carole Wells and Elsie Rast Stuart from the House, one member appointed by the Governor, Dr. Leo Twiggs of Orangeburg, the State Superintendent of Education, and a representative of the Chairman of the Commission on Higher Education, Mr. Willard Metcalf of Greenville.
Committee Tasks:
* Required to report to the General Assembly by April 1, 1995, with recommendations regarding the following issues:
*determine the feasibility of additional state funding for a nine-month residential school for the arts and humanities;
*recommend a location for the school; and
*review the issue of access for students from all geographic locations and with limited economic means.
Committee Process for Selecting Location:
* 1st Survey: Request for Information mailed to approximately 500 persons, including mayors, school superintendents, arts organizations, public and private colleges and universities, technical colleges, and local chambers of commerce; 7 responses received: Anderson College; Winthrop University; USC-Spartanburg; USC-Columbia; City of Union; City of Aiken; Greenville Alliance.
* 2nd Survey: Location Survey to invite proposals for locating school - mailed to same list as Request for Information; 5 responses received: City of Aiken; City of Union; City of Newberry; USC-Spartanburg; Greenville Alliance.
Committee Recommendations:
* establish a nine-month residential Governor's School for the Arts and Humanities in Greenville, South Carolina. This would be a self-contained campus located within walking distance of downtown Greenville and the Performing Arts Center. Operating cost: approximately $1.4 million annually excluding costs for personnel and distance learning.
* state funding for the capital expenditures for the school based on the amount raised by the community in a statewide campaign for private funds (with a goal of two dollars private funds for every one dollar in state match). Capital cost: $14.5 million total.
* the governing body of the school adopt as its policy the Access Plan developed by the Committee to ensure qualified students from all geographic areas of the state and with limited financial means have an opportunity to attend the school.
* the Study Committee continue its work beyond the April 1, 1995, deadline for the duration of the project; and the governing body of the school be appointed by July 1, 1995, to allow the governing body to provide leadership in the statewide campaign.
Submitted by:
Senator J. Verne Smith
Chairman
INTRODUCTION:
Act 447 of 1994 created the Governor's School for the Arts Study Committee. The Committee, chaired by Senator J. Verne Smith, is comprised of two members of the Senate, two members of the House of Representatives, one member appointed by the Governor, the State Superintendent of Education or her designee, and the Chairman of the Commission on Higher Education or his designee.
ISSUES:
The Committee was charged with three tasks: to determine the feasibility and desirability of additional state funding for a nine-month residential school for the arts and humanities; to recommend a location for the school; and to review the issue of access for students from all geographic locations and with limited economic means. The Committee conducted two, statewide surveys first, to gauge the potential interest in locating the school and second, to invite proposals for selecting the site. The surveys also served to determine the potential capital and operating costs for the school. The Committee also drafted and approved an Access Plan to satisfy its task to review geographic and financial access for students across the state.
RECOMMENDATIONS:
The Committee recommends the establishment of a nine-month residential Governor's School for the Arts and Humanities in Greenville, South Carolina. State funding for the necessary capital expenditures for the school would be based on the amount raised by the community in a statewide campaign for private funds (including local government contributions). The goal would be a ratio of two dollars of private funds for each one dollar of state funds. There would be an opportunity during the capital campaign to make some adjustments to the proposed site plans if necessary. The Committee also recommends that, at the appropriate time, the General Assembly fund the annual operating costs of the school.
The Committee further recommends that the governing body of the school adopt as its policy the Access Plan developed by the Committee to ensure that qualified students from all geographic areas of the state and with limited financial means have an opportunity to attend the school.
The Committee further recommends that the Study Committee continue its work beyond the April 1, 1995, deadline for the duration of the project. The Committee further recommends that, in accordance with Act 447, the governing body of the school be appointed by July 1, 1995, so that members of the governing body can provide leadership in the statewide capital campaign.
INTRODUCTION
In November, 1980, the South Carolina Governor's School for the Arts was established by Governor Richard W. Riley. Furman University was designated as the summer home for the school and, in 1981, the first five-week program was held. Since 1981, enrollment in the summer program has grown from 118 students to 250, and the budget has increased from $187,000 to $1.3 million. More than 2,000 rising junior and senior high school students have completed the five-week summer program. The program provides intensive training for artistically talented students in creative writing, dance, music, theater, and the visual arts.
In addition to the five-week Honors program, the Governor's School for the Arts established several other initiatives: a graduate internship program for South Carolina arts teachers; a two-week preparatory dance program for younger students, ages 12-14; a statewide outreach program to increase awareness of and access to the Governor's school programs; and a two-week outreach academy housed at Converse College for approximately 67 sophomores from rural and small school districts. These programs, along with the five-week Honors program, represent a statewide effort to reach artistically gifted students and to provide them with a greater appreciation for and interest in arts education.
Beginning in 1988, discussions were undertaken with statewide and community leaders about the potential interest in establishing a nine-month residential school for the arts, similar in concept to the Governor's School for Science and Math. In 1989, the Governor's School Board of Directors formally voted to support the concept of an expanded program, and explored plans for undertaking a capital campaign for the school. In 1992, O'Dell Associates, an architectural and engineering firm, conducted a study of possible locations for the nine-month school.
In February, 1993, Governor Carroll Campbell issued an executive order to create the Governor's School for the Arts and Humanities Steering Committee to consider and assist in the development of a nine-month, residential program for arts and humanities instruction. The steering committee, chaired by Senator J. Verne Smith, met and received information regarding the possibility of establishing a nine-month residential program. In mid-April, 1993, H.4036 was introduced to create the Governor's School for the Arts and Humanities and its governing board. The bill was amended to establish a study committee to further study the feasibility of establishing the nine-month school. In the Fall of 1993, the Joint Legislative Committee on Cultural Affairs conducted a statewide survey of arts educators and parents to respond to the question of the feasibility of establishing such a school and to determine the concerns of teachers and parents regarding the concept of a nine-month school for the arts.
Discussions concerning the nine-month residential arts school culminated in the passage of H.4036 (Act 447) in June, 1994. The Act established the Governor's School for the Arts and Humanities and its governing board, effective July 1, 1995. The fifteen member governing board is appointed by the Governor, and is responsible for:
* exploring the renovation or building of appropriate facilities for the school;
* establishing and approving the curriculum of study, admission criteria, standards and procedures;
* assuring, to the greatest extent possible, that an equal number of students are admitted from each of the six congressional districts;
* adopting policies and regulations necessary for the operation of the school;
* appointing the executive director as the chief administrative officer for the school; and
* establishing a foundation and maintaining an endowment fund for the school.
Act 447 also created the Governor's School for the Arts Study Committee comprised of two members of the House of Representatives, two members of the Senate, one member appointed by the Governor, the State Superintendent of Education or her designee, and the chairman of the Commission on Higher Education or his designee. (See Chart 1 for membership). The Study Committee is chaired by Senator J. Verne Smith.
ISSUES
Act 447 charges the Study Committee with completing three tasks:
1) determine the desirability and feasibility of providing additional state funding to establish a nine-month Governor's School for the Arts and Humanities;
2) recommend the location for such a school; and
3) review the issue of access for students from all geographic locations within the State and with limited economic means.
The Study Committee is required to report its findings to the General Assembly no later than April 1, 1995, at which time the Study Committee's work ends. The Study Committee first met on September, 13, 1994, and has met on six occasions since then. Over the past seven months, the Study Committee has carefully studied and discussed the issues surrounding its legislative charges, and offers the following recommendations to the General Assembly.
From the outset, the Study Committee was extremely concerned that the desirability and feasibility of additional state funding for a nine-month school for the arts and humanities hinged upon a commitment at the local level to secure private cash or in-kind contributions to support the school. In both the Request for Information and the Location Survey (discussed below), respondents were asked to describe the level of local public and/or private funding anticipated to support the project. Specifically, the Location Survey requested letters of commitment to support a local capital campaign, and a detailed capital and operating budget.
The Study Committee also recognized that, given the current budgetary issues facing the General Assembly, the feasibility of additional state funding for the school for Fiscal Year 1995-96 was unrealistic. While the Study Committee strongly endorses the concept of a nine-month residential school for the arts and humanities and believes the mission of the school should continue in a forward momentum, state funding for the proposal is not likely in the absence of a firm commitment by the selected location to raise funds from the private sector to help defray the necessary capital expenditures for the school.
The Committee resolved to strongly and enthusiastically recommend to the General Assembly the establishment of a nine-month residential Governor's School for the Arts and Humanities. State funding for the necessary capital expenditures for the school would be based on the amount raised by the community in a statewide campaign for private funds (including local government contributions). The goal would be a ratio of two dollars of private funds for each one dollar of state funds. There would be an opportunity during the capital campaign to make some adjustments to the proposed site plans if necessary. At such time as the community has successfully completed its fundraising campaign, the General Assembly should provide the state match for the capital costs of the project.
Furthermore, the Committee recommends that once the capital campaign is completed, the State appropriate the necessary funds for the operation of the school. The financial requirements to support the school based upon the Committee's recommendation regarding the location of the school, are discussed in more detail in Issue #2.
To ensure an impartial recommendation for the location of the nine-month residential program, the Study Committee adopted a two-step process. The first step was the issuance of a "Request for Information" in November, 1994. This general questionnaire was designed to help the Committee determine the interest and existing capability of educational institutions and communities statewide to serve as the location for the school. The Request included a general description of the project, the proposed criteria for site selection, and the suggested facility requirements.
Approximately 500 Requests were mailed across the state to local chambers of commerce, mayors of municipalities with population over 1,000, state supported and private colleges and universities, school district superintendents, local arts councils and arts leaders, and chairmen of the county legislative delegations.
Responses to the Request for Information were due on January 5, 1995. Seven responses to the Request indicating an interest in serving as the location for the school were received from the City of Aiken, the City of Union, the University of South Carolina at Spartanburg, the Unified Alliance for the S.C. Governor's School of Greenville, the University of South Carolina, Winthrop University, and Anderson College. (Copies of the Request for Information and Responses may be obtained from the Office of Senator J. Verne Smith).
The second step in the selection process involved sending a "Location Survey" to the same recipients of the Request for Information. The Survey served as the vehicle for the submission of proposals to serve as the location of the school, and contained specifications for the location of the school, including evaluation criteria.
The general evaluation criteria established by the Study Committee for review of the proposals were:
* the overall quality of the proposal;
* the organizational structure;
* public/private partnerships;
* quality of student life, arts and academic needs;
* capital and operating budgets; and
* facility requirements.
The Location Survey included specific questions under each of the general criteria to address important considerations in the selection of a site for the nine-month school.
A Respondents' meeting was held in February, 1995, to answer any questions that potential respondents had concerning completion of the Survey. Representatives from Anderson College, the University of South Carolina, and Newberry College attended the meeting.
Five proposals were received in response to the Location Survey. They were: the City of Aiken; the City of Union; the City of Newberry; the University of South Carolina at Spartanburg; and the Unified Alliance for the Governor's School of Greenville. All respondents with the exception of Aiken accepted the Committee's invitation to make a presentation of their proposals. (Copies of the Location Survey and Responses may be obtained from the Office of Senator J. Verne Smith).
The proposals represented strong, yet diverse, options for the location of the school. The City of Aiken proposed the purchase of the Centennial Center office complex located in South Central Aiken, with collaborative support from USC Aiken, Aiken Technical College, and the Aiken public school system.
Both Union and Newberry stressed the advantages of locating in a smaller community, and proposed the renovation and use of public school buildings. Union proposed the renovation of the former Union High School campus located in the Main Street Historic District in a lease arrangement with the State. Union offered collaborative support from USC-Union, and emphasized its past success in downtown historic renovation projects. Newberry proposed the renovation of the Newberry Middle School campus which would be available in 1998. Newberry College offered interim housing for students over a two-year period as well as the shared use of its campus facilities. Newberry emphasized its community support for the arts as evidenced by the current restoration of the historic Newberry Opera House.
The two, larger metropolitan areas also offered contrasting proposals for the location of the school. USC Spartanburg proposed the use of its existing and expanded campus facilities, stressing the near completion of its new Campus Life Center. The University, along with the City of Spartanburg and other community partners, stressed Spartanburg's long tradition of support and involvement in the arts. The Greenville proposal was based on the construction of a self-contained campus on land currently owned by the City and County of Greenville. Both the City and County indicated a willingness to work with the private sector in making the land available as the site for the Governor's School. Greenville stressed its fifteen year support for the current Governor's School for the Arts summer program at Furman University as well as its long tradition of local financial support for and promotion of the arts.
While all of the proposals were strong candidates for selection, the Committee unanimously agreed to recommend the Greenville location as the site of the proposed nine-month residential school for the arts and humanities. The Committee felt that the Greenville proposal offered the best overall plan to fulfill the artistic and academic mission of the school. The Committee also felt that the proposal most closely met two important priorities established by the Committee during the selection process.
First, the proposal envisioned a self-contained campus where the academic and artistic programs could be provided on campus. This met Committee concerns that:
* parents would be hesitant to send their high school children to a university campus setting where the possibility for commingling with college age students was greater;
* it would be difficult to schedule shared use of campus facilities; and
* there would be scheduling difficulties in attempting to provide for the academic needs of the students if it required transporting students to different schools within the public school system.
The ability to bring teachers to the students on-campus so as to better meld the artistic and academic programs was emphasized in the Greenville proposal. Finally, providing campus safety and security for the students on a self-contained campus was also an important consideration.
Second, the Greenville proposal offered a firm commitment to generate private funds in support of the project. The proposal included an estimated ability to raise approximately one-third of the capital costs. In addition, the proposal included firm letters of commitment from community leaders expressing their commitment to "participat(e) in a major effort to raise substantial funds from the private sector in our community." The Committee felt that Greenville had a proven track record for private fundraising, for example, its ability to raise more than $25 million for the $35 million Peace Center for the Performing Arts.
The capital cost for the construction of the campus for the school is $13,420,300 with an additional cost of $1,170,000 for the construction of a recital hall, for a total capital cost of $14,590,300. The estimated annual operating budget, excluding the cost of the technical needs to implement televised distance learning and excluding salaries and benefits for employees, is approximately $1,401,000. (See Chart 2 for the capital and operating budgets).
In addition, Greenville has solicited and received documentation for in-kind services and contributions to the Governor's School program. The City and County of Greenville have indicated their support and cooperation in the acquisition of the land and necessary infrastructure to achieve a self-contained campus for the school. The School District of Greenville County has pledged to provide purchasing, maintenance, and other administrative services as well as the shared use of faculty and facilities. Other organizations have pledged support in the way of services, facilities, and shared faculty. (See Chart 3 for documented in-kind services).
The Committee resolved to recommend to the General Assembly that Greenville serve as the location for the nine-month residential Governor's School for the Arts and Humanities. State funding for the necessary capital expenditures for the school would be based on the amount raised by the community in a statewide campaign for private funds (including local government contributions). The goal would be a ratio of two dollars of private funds for each one dollar of state funds. There would be an opportunity during the capital campaign to make some adjustments to the proposed site plans if necessary.
The Committee was charged with reviewing the issue of access for students from all geographic locations and for students with limited economic means. To meet this charge, an Access Plan was developed and approved by the Committee. (See Chart 4). With regard to students with limited financial means, the Plan provides that no student will be denied admission to the school because of an inability to pay tuition if a tuition policy is established. If a tuition policy is adopted by the governing board of the school, a sliding scale will be considered for students to pay according to their means. If a standard tuition fee is adopted, financial aid will be considered for students who are unable to pay the full tuition. If the precedent set by the Governor's School for Math and Science is followed, every student would receive free tuition.
Act 447 requires that the governing board of the school shall, as far as possible without jeopardizing admission standards, ensure that an equal number of students are admitted from each of the state's congressional districts. In addition, the Plan calls for enhanced recruiting efforts across the state to identify students with artistic potential but who may have had limited opportunity to develop that talent. Special outreach efforts will be made for rural counties, including workshops to assist in completing the application process and the use of a mentoring program so that older students and teachers can assist students in talent development. The Plan also calls for the expansion of the current Academy, a two-week intensive summer training program to prepare rising sophomores in targeted counties to compete more successfully for entry into the Governor's School five-week Honors program. Other, similar initiatives are outlined in more detail in the Access plan.
The Committee recommends that the governing board of the Governor's School for the Arts and Humanities, once established and operational, adopt the Access Plan as its policy for the participation of students from all geographic areas of the state and with limited financial means.
CONCLUSION
The Committee strongly supports the mission and objectives of the nine-month residential school for the arts, and recommends its location in Greenville, South Carolina. State funding for the necessary capital expenditures for the school would be based on the amount raised by the community in statewide campaign for private funds (including local government contributions). The goal would be a ratio of two dollars of private funds for each one dollar of state funds. There would be an opportunity during the capital campaign to make some adjustments to the proposed site plans if necessary. Once private financing is secured, the Committee recommends that the state appropriate the state match and, when able and appropriate, fund the annual operating costs of the school. To ensure access for all students regardless of geographic location or financial means, the Committee recommends that the governing body of the school adopt the Access Plan as developed and approved by the Committee.
Act 447 provides that the Study Committee will terminate upon the issuance of its final report. To support the continued efforts to secure financing and completion of the school, the Committee recommends that the General Assembly support the continuation of the Study Committee for the duration of the project. The Committee further recommends that the governing body of the school report periodically, but not less than quarterly, to the Committee concerning any changes or modifications to its proposal.
Act 447 also provides that the governing board of the Governor's School for the Arts and Humanities is established and effective on July 1, 1995. The Committee recommends that, in accordance with Act 447, the governing body of the school be appointed by July 1, 1995, so that members of the governing body can provide leadership in the statewide capital campaign.
House Ways and Means Committee: Senate Finance Committee:
Rep. Carole Wells Senator J. Verne Smith
104 Spring Valley Dr. P.O. Box 528
Spartanburg, SC 29301 Greer, SC 29651
House Education Committee: Senate Education Committee:
Rep. Elsie Rast Stuart Senator McKinley Washington
Post Office Box 38 610 Gressette Building
Pelion, SC 29123 Columbia, SC 29202
Superintendent of Education: Chairman of CHE/Designee:
Dr. Barbara Neilson Mr. Willard Metcalf
1429 Senate Street 110 Inglewood Way
Columbia, SC 29201 Greenville, SC 29615
Designee: Mac Arthur Goodwin
Governor's Appointee:
Dr. Leo Twiggs
420 Woodlawn Drive
Orangeburg, SC 29115
I. Construction Cost
A. Site Work
1. Roads and Parking $150,000
2. Utilities $100,000
3. Walkways, Landscaping $160,000
B. Building Construction
1. Creative Writing 3,820 SF x $50* $191,000
2. Dance 10,425 SF x $85 $886,210
3. Music 11,160 SF x $85 $948,640
4. Drama 17,200 SF x $90 $1,548,000
5. Visual Arts 9,100 SF x $110 $546,000
6. Auxiliary Support
Kitchen & Dining 7,150 SF x $110 $786,500
Dormitories 42,835 SF x $70 $2,998,450
Library, Guidance, Information $614,250
8,190 SF x $75
7. Administration 2,550 SF x $75 $191,250
8. Recital Hall 7,800 SF x $150 ($1,170,000)
II. Construction Related and Administrative Costs
A. Survey, Testing $50,000
B. Land Cost (Carolina Supply Building) $250,000
C. Furniture, Fixtures, and Equipment $2,000,000
D. Fees $800,000
III. Contingency $1,200,000
TOTAL $13,420,300
($14,590,300)
Numbers in () are for Phase II and include costs of Recital Hall
*Cost based on renovation of Carolina Supply Building.
Food Service 310,000
Utilities
Natural Gas 60,000
Electricity 180,000
Water 45,000
Telephone 50,000
Equipment and Supplies 135,000
Housekeeping 100,000
Maintenance 40,000
Operational Supplies 25,000
Travel 30,000
Productions 60,000
Printing 30,000
Advertising 15,000
Public Relations 10,000
Postage/Courier 30,000
Books, recordings and computer software 75,000
Consulting Services/Artists 50,000
Insurance 100,000
Vehicle Maintenance 5,000
Operational Equipment 1,000
Contingency 50,000
TOTAL $1,401,000
*Note: The estimated operating budget is contingent upon the school's location, collaborations, facilities, the cost of utilities and shared services. This budget does not reflect the cost of the distance learning component of the school nor the salaries and benefits of all employees.
Documented In-Kind Services
School District of Greenville County
* Fine Arts Center/Governor's School for the Arts - shared artists and teachers
* International Baccalaureate Programs - shared faculty - international studies
* Fiscal management/investments
* Purchasing
* Maintenance/storage
* Moving/transporting
* Printing/mailing - at cost
* Shared facilities and academic teachers - at cost
* Science labs
* Shared consulting services
* Recreational services and facilities
Greenville Technical College
Library services
Interactive television, lecture rooms and transmission
Lecture rooms
Academic tuition courses
Welding shops
Carpentry shops - technical set design and fabrication
Food services assistants
Computer labs when available
Consulting advisors
Bob Jones University
Art exhibitions - religious art collection - largest in western hemisphere
Technical expertise and adjunct faculty, arts and academics
Opera performances
Theater performances
Music programs and workshops
Stage set, costume, makeup, residencies and workshops
Shared guest artists
First Baptist Church - Greenville
Shared space - classrooms, auditorium and lecture rooms
Furman University
Performance facilities - when available - first choice after Furman programs scheduled
Programs - arts, academics, humanities
Computer labs
Library services
Graduate studies - gifted education, arts, academics and humanities
Art gallery for exhibits when not in use
Gallery talks, art lectures
Art exhibits and art history lectures
Recreation facilities
Guest writers and artists performances and masterclasses
Audition for Furman Orchestra and chorus
Audition for theater productions
Performing Arts Centers
Peace Center for the Performing Arts
*Free unsold tickets to any performance
*Peace Outreach Program (POP)
*Guest artists, masterclasses, workshops
*Wyche Pavilion concerts
Symphonies
Greenville Symphony
*Shared programs/seminars
*Shared artists
*Adjunct faculty (arts)
*Internship/apprenticeships
*Other
Bob Jones Symphony (see Bob Jones University)
Ballet Companies
Greenville Ballet Company
*Shared programs/seminars
*Shared artists
*Adjunct faculty (arts)
*Internships/apprenticeships
*GSA students accepted for performance by audition
Community Arts Councils
Metropolitan Arts Council
*Publicity efforts/raise community awareness
*Apprenticeships
*Shared programs/seminars
*Volunteer placements
City of Greenville
William D. Workman, Mayor
Nancy Whitworth - Economic Development Director
Mike Bridges, Chief of Police
R.M. Capps, Fire Chief
*Safety and security
*Land and infrastructure
*Recreation
Greenville County Council
Land
Greenville Area Theaters
Greenville Little Theater
*Shared spaces
*Shared programs/seminars
*Technical resources (staging/lighting)
*Internships/apprenticeships
*Workshops in costuming/staging/makeup
*Adjunct faculty (arts)
*Visiting artists
Greenville County Library
Programs/seminars
Research
Library resources:books, audio, visual aids
Greenville County Museum of Art
Programs/seminars/workshops
Shared artists
Adjunct faculty (arts)
Exhibits and lectures
This proposed access plan is developed in response to the legislative requirement that the issue of access to the South Carolina Governor's School for the Arts and Humanities for students from all geographic locations within the state as well as those with limited economic means and limited education opportunities be addressed.
The South Carolina Governor's School for the Arts and Humanities will promote fair and equal access for the residential school in accordance with the admission criteria, standards of excellence and procedures as developed and established by the administration and approved by the Board of Directors. Further, no student will be denied admission to the school because of an inability to pay tuition if a tuition policy is established.
Geographical Consideration for Access
According to the language of the legislation: "The Board shall assure as far as possible and without jeopardizing admission standards that an equal number if students are admitted from each of the state's congressional districts." To help facilitate this goal of geographical balance, several strategies will be put into place.
Trained recruiters target every county
A team of qualified professionals will actively recruit students during the fall months of the school year. Recruitment presentations will be made to schools across the state, targeting every county. Timeliness for recruitment are outlined on page three(3).
Special outreach efforts for rural counties
Special outreach efforts will be made in areas of traditionally limited arts programs to help strengthen access opportunities for students in rural counties and small districts. For example, students with potential and limited training will be identified by local teachers and parents, referred to the Governor's School administration. Workshops and masterclasses will be scheduled to first help students understand the application requirements and second, specific classes will provide the students with techniques and supervision in skill development. Additionally, if necessary, the students will be referred to a teacher who will continue the training. The same process will be used in the mentoring program with teachers teaching students and students teaching students to impart knowledge necessary for talent development. Partnerships and collaborations will be developed between the South Carolina Department of Education, the local school districts and the South Carolina Governor's School for the Arts and Humanities to help identify potentially talented students and provide supplemental training in the workshops mentioned above.
Outreach to students with limited training
A concerted effort will be made to identify students who are potentially endowed with talent and have limited training in the arts and provide them with the encouragement and support and outreach workshops and masterclasses needed to help them develop their potential talent. This will begin in the ninth grade. There will be a mentoring program available to help the student(s) and a critique will be made to determine the students' progress. Private teachers will be recommended to carry the training forward. (*See explanation above). The same outreach techniques will be utilized as those listed in strengthening students who live in rural counties.
Expand teacher/intern training
The school will expand the current teacher graduate studies program to help their teacher-interns more effectively identify potentially gifted students from their geographic area and through encouragement and appropriate training help these students compete more successfully for admission to the Governor's School.
Reach all students and teachers through distance learning
The school's goal is to develop and integrate technology in to every phase of its programs and to design and develop arts education programs that will supplement existing local arts programs and help students apply more effectively to the Governor's School.
Expand Activity
Expand and emphasize the value of the current Academy, a two-week intensive residential training program consisting of workshops, masterclasses, lectures, practice and showcasing their progress, to prepare rising sophomores in targeted counties to compete more successfully for entrance into the Governor's School's Honor Program. Begun in 1990, the Academy is presently held at Converse College during the summer.
To Facilitate Talent Development
There will be developed strategies for talent spotting of students who show a high level of potential and exceptional talent. This spotting will be accomplished through a collaborative effort with local school teachers and representatives of the South Carolina Governor's School for the Arts and Humanities beginning in the elementary grades, because talent and positive self concept are exhibited at different times in a child's life and to the greatest degree when nurtured. This procedure and practice will not only enhance the SCGSAH ability to identify exceptional talent, but will provide teachers at the local school level an opportunity to enhance, embellish and increase numbers of students in art programs otherwise lost in a more general approach.
Consideration for Students with Limited Economic Means
As stated above, no student will be denied admission to the SCGSAH because of an inability to pay the tuition if a policy to require tuition is established.
* If the precedent set by the Governor's School for Science and Math is followed, every student would receive free tuition.
* If tuition is required, one alternative to consider would be to establish a sliding scale by which students would be required to pay according to their means.
* A third option would be to establish a standard tuition fee with financial aid available for students whose families were unable to pay the full tuition.
Student Eligibility
As stated in the legislation: "The school shall admit students in accordance with the admission criteria, standards, and procedures as established and approved by the Board. To be eligible for admission to the school, an applicant must be:
* A legal resident of South Carolina unless a special exemption is established to accept out of state or international exchange students or until the Governor and Board change the requirements.
* Students must be identified as artistically talented and possess a high level of commitment, motivation and maturity."
Timeline for Recruitment/Auditions/Selection
July:
* An information session on the South Carolina Governor's School for the Arts and Humanities will be offered to school district superintendents at their Summer Conference.
August:
* Letters will be sent to superintendents and principals or their designee informing them of timelines, requirements and information regarding the application process for their talented students for the ensuing year. This information will be given to the teachers who will present tenth grade students in the arts classes and to the general population of the entire tenth grade class to request and submit application for the next year.
* At the same time, letters will be mailed to private studio teachers, i.e. dance, voice, piano, drama, et al.
* At the same time, and for six weeks, press releases will be sent to all news media with complete information.
September:
* Teachers will begin to screen students who are exceptionally talented.
* Special Outreach efforts will be made in areas of traditionally limited arts programs to help strengthen opportunities for students in rural counties and small districts.
* Representatives from the South Carolina Governor's School for the Arts and Humanities begin their presentation covering all schools.
* Principals will be requested to appoint a representative, preferably the chair of the Fine Arts Department of the school, to work directly with the SCGSAH to plan and implement an integral process of identification and selection of the exceptionally talented in the school to apply for admission to the SCGSAH.
September - November:
* Representatives from the local school and from the SCGSAH will meet with parents of students interested in attending to discuss the application, audition and selection as well as the arts, academics and humanities, graduation, diploma requirements, program expectations, guidelines, costs, supervision, schedules, etc.
* The local school's liaison with the Governor's School will work closely with the student applicant and the arts teachers recommending the students to oversee the application process and mail the completed application packet to the SCGSAH. (Parents of Home Schooled students and/or students studying with private arts teachers will be responsible for processing and mailing the applications packets.)
December:
* Applications will be due in the office of SCGSAH; applications will be processed and a schedule made to audition students in the Low Country, Midlands and Upstate. Every student who applies will be auditioned, interviewed and given a masterclass.
* Every consideration will be given to the student(s) who exhibit(s) an inherent talent but whose opportunities for training have been limited.
* Visual arts students and creative writing students submit and discusses his/her portfolio of work in lieu of an audition.
January:
* Auditions will be held for all applicants on the last three successive weekends in January.
February:
* Selections will be completed in early February and letters sent to parents, teachers and students of their status.
* A handbook with rules, regulations and guidelines will be sent to all selected students and their parents.
March:
* Parents of selected students will be informed of a required meeting in their community to discuss every aspect of the program. Parents will be accompanied by their child who was selected to participate in the program.
* Parents will read and sign a contract agreeing to permit the child to attend and will comply with all school rules and regulations along with the policies explaining suspension, expulsion and consequences of non compliance with academic requirements.
* Every selected student will agree to commit to attend all classes and other activities required except in documented emergencies and personal illness and apply himself to achievement in all subject areas. A contract will be signed by the student.
April - June:
* Students fully selected, all papers signed, commitments made.
* Plans conveyed to parents, teachers and students of requirements - clothes, books, other supplies.
* Teachers acknowledged who trained students.
July - August:
* All details finalized
September:
* Students arrive on campus.
On motion of Rep. STUART, the report was ordered printed in the Journal.
The following was received.
Document No. 1766
Promulgated By Real Estate Appraisers Board, Department of Labor, Licensing and Regulation
Regulations Relating to Licensing, Certification, Fees, Continuing Education of Real Estate Appraisers
Received by Speaker April 12, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 19, 1995
Revised Review Period Expiration Date May 29, 1995
Withdrawn March 6, 1995
Resubmitted April 5, 1995
The following was received from the Senate.
Columbia, S.C., April 5, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3361:
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President
On motion of Rep. H. BROWN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. H. BROWN, KEEGAN and KIRSH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Freestanding Ambulatory Surgery Center Association for a brunch reception, April 19, 1995, 9:30 - 11:30 A.M. in the main lobby of the State House.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Council on the Holocaust for a State Civic Ceremony, April 27, 1995, 12:30 P.M. at the Holy Trinity Greek Orthodox Church's Community Center, 1931 Sumter Street.
The invitation was accepted.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3463 -- Reps. Harrison, Shissias, Neal, Klauber, Cromer, Sheheen, Stuart and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2386 SO AS TO PROHIBIT A PERSON FROM SERVING ON A LOCAL FOSTER CARE REVIEW BOARD IF THE PERSON IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT OR HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES; TO REQUIRE THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN TO OBTAIN RECORD CHECKS FROM THE DEPARTMENT OF SOCIAL SERVICES AND SLED, TO CERTIFY ELIGIBILITY TO SERVE ON LOCAL BOARDS, AND TO EXEMPT THE DIVISION FROM FEES FOR DEPARTMENT OF SOCIAL SERVICES RECORD CHECKS; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE DIVISION FOR THE REVIEW OF FOSTER CARE OF CHILDREN ACCESS TO INFORMATION TO CERTIFY THAT NOMINEES TO AND MEMBERS OF LOCAL FOSTER CARE REVIEW BOARDS ARE ELIGIBLE TO SERVE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3932 -- Rep. G. Brown: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MR. BOB FULTON, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF EXPRESSING APPRECIATION FOR HIS OUTSTANDING CONTRIBUTION TO SOUTH CAROLINA AS THE "VOICE OF THE GAMECOCKS" FOR THE PAST FORTY-THREE YEARS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. MEACHAM, with unanimous consent, the following was taken up for immediate consideration:
H. 3933 -- Rep. Meacham: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE COACHES AND MEMBERS OF THE FORT MILL HIGH SCHOOL BOYS TENNIS TEAM ON WEDNESDAY, MAY 24, 1995, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1994 STATE CLASS AAA TENNIS CROWN.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the coaches and members of the boys tennis team of Fort Mill High School on Wednesday, May 24, 1995, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1994 State Class AAA tennis crown.
The Resolution was adopted.
The following was introduced:
H. 3934 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION AND ADMIRATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING CONTRIBUTIONS OF MR. BOB FULTON AS THE "VOICE OF THE GAMECOCKS" FOR THE PAST FORTY-THREE YEARS ON THE OCCASION OF HIS RETIREMENT.
Whereas, the members of the General Assembly acknowledge that Mr. Bob Fulton, the play-by-play "Voice of the Gamecocks" for the past forty-three years, will be retiring at the conclusion of this sports season; and
Whereas, a native of Ridley Park, Pennsylvania, Mr. Fulton came to Columbia in 1952 from Little Rock, Arkansas, where he was the voice of the Arkansas Razorbacks; and
Whereas, throughout his career at the University of South Carolina, he has announced more than nineteen hundred Gamecock football, basketball, and baseball games; and
Whereas, he concluded his announcing of Carolina basketball at this year's SEC Tournament with five hundred twelve consecutive basketball broadcasts; and
Whereas, Mr. Fulton has been named South Carolina Sportscaster of the Year eight times. In 1990, he became the only noncoach or nonathlete to be inducted into the South Carolina Athletic Hall of Fame, and in 1993 he was inducted into the University of South Carolina Athletic Hall of Fame. He is the only sportscaster to be presented the Masters Award in Broadcasting by the South Carolina Broadcasters Association; and
Whereas, Tom Price, former longtime Gamecock Sports Information Director, said of Mr. Fulton, "Through it all, Bob Fulton was the same efficient, accurate, objective reporter who created images of the action in the minds of several generations of Gamecock followers. He gave credit where credit was due and although one might detect a tinge of excitement in his voice when the Gamecocks played well, he never became carried away;" and
Whereas, Bob Fulton's descriptions of Carolina sports have touched the lives of hundreds of thousands of people over the years. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, through this resolution, express their appreciation and admiration for the outstanding contributions of Mr. Bob Fulton as the "Voice of the Gamecocks" for the past forty-three years on the occasion of his retirement.
Be it further resolved that a copy of this resolution be forwarded to the family of Mr. Bob Fulton.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3935 -- Reps. Waldrop, J. Brown and Wilder: A CONCURRENT RESOLUTION TO COMMEND DR. JULIAN E. GRANT FOR HIS OVER SIXTY YEARS OF SERVICE TO NEWBERRY COUNTY AS A PRACTICING PHYSICIAN AND COMMUNITY LEADER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3936 -- Reps. Koon, Sharpe, Rhoad, Chamblee, Spearman, Riser, Gamble, McTeer and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MARION T. BURNSIDE, CHAIRMAN OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES BOARD, FOR ALL OF HIS ACCOMPLISHMENTS, AWARDS, AND EFFORTS IN PROMOTING ENVIRONMENTAL AWARENESS IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3937 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING MR. FLETCHER LEE EVANS OF GREENVILLE COUNTY FOR HIS OUTSTANDING ACCOMPLISHMENTS AS PRESIDENT OF THE STATE BROTHERHOOD AUXILIARY TO THE STATE BAPTIST EDUCATION AND MISSIONARY CONVENTION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3938 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE BOYS TENNIS TEAM OF FORT MILL HIGH SCHOOL ON WINNING THE 1994 STATE CLASS AAA TENNIS CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3939 -- Reps. Cain and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN H. KELLEY OF WALHALLA UPON BEING NAMED "1995 ADVOCATE OF THE YEAR" BY THE NATIONAL AMERICAN SCHOOL COUNSELOR ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3940 -- Rep. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO "CITY YEAR COLUMBIA" FOR THEIR MANY CONTRIBUTIONS TO THE MIDLANDS OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3941 -- Reps. Lanford, Wilkins, Waldrop, Knotts, Whatley, Allison, Anderson, Askins, Bailey, Beatty, J. Brown, Cain, Canty, Carnell, Chamblee, Clyburn, Cooper, Cotty, Cromer, Davenport, Delleney, Elliott, Felder, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Harwell, Hodges, Howard, Huff, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Limehouse, Littlejohn, Martin, McAbee, McCraw, McKay, Meacham, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Shissias, Simrill, R. Smith, Spearman, Stuart, Townsend, Tripp, Trotter, Tucker, Walker, Wells, S. Whipper, Wilder, Wilkes, Witherspoon, Wright, A. Young, Keyserling, Law, McTeer and Worley: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER PARTICULAR OPTIONS TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE UNDER CERTAIN CONDITIONS, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.
Referred to Committee on Ways and Means.
H. 3942 -- Reps. Seithel, Limbaugh, Hallman, Simrill, Whatley, Littlejohn, Knotts, Jaskwhich, Meacham, Limehouse, Sandifer, Fulmer, Trotter, McCraw, Herdklotz, Waldrop, Harrell, Cain, Shissias, Phillips, Rice, Tripp, Marchbanks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-935 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM PLEDGING TO ANOTHER MEMBER OF THE GENERAL ASSEMBLY TO VOTE FOR A PARTICULAR CANDIDATE FOR JUDICIAL OFFICE IN RETURN FOR THAT MEMBER'S PLEDGE TO VOTE FOR ANOTHER CANDIDATE FOR JUDICIAL OFFICE.
Referred to Committee on Judiciary.
H. 3943 -- Reps. Keyserling, Thomas, Richardson, T. Brown, Lloyd, Hodges, Haskins and Simrill: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND FURTHER DEFINE "AGENCY", "POLITICAL SUBDIVISION", AND "GOVERNMENTAL ENTITY".
Referred to Committee on Judiciary.
H. 3944 -- Reps. J. Brown, Hines, Cobb-Hunter, Inabinett, Rogers, Littlejohn, Moody-Lawrence, Clyburn, McMahand, Byrd, Bailey, Neilson, S. Whipper, Lloyd, Haskins, Jennings and Davenport: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING PRACTICE AS A PSYCHOLOGIST FOR PURPOSES OF THE LICENSING AND REGULATION OF PSYCHOLOGISTS, SO AS TO FURTHER PROVIDE FOR THESE ACTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3945 -- Reps. Askins, Kennedy, Hines, Limbaugh, Harwell and Neilson: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 22 SO AS TO ENACT THE "COOPERATIVE EDUCATIONAL SERVICE CENTERS ACT OF 1995" WHICH AUTHORIZES THE CREATION OF REGIONAL COOPERATIVE EDUCATIONAL SERVICE CENTERS BY TWO OR MORE SCHOOL DISTRICTS OR BY A SCHOOL DISTRICT AND A POST-SECONDARY INSTITUTION WHICH CENTERS ARE DESIGNED TO PROVIDE INSTRUCTIONAL, ADMINISTRATIVE, AND OTHER SERVICES DESIRED BY THE PARTICIPATING SCHOOL DISTRICTS OR INSTITUTIONS.
Referred to Committee on Education and Public Works.
H. 3946 -- Rep. Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-585 SO AS TO PROHIBIT THE DESTRUCTION OF OR DAMAGE TO CERTAIN SIGNS AND PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 3947 -- Reps. Witherspoon, Simrill, Kelley, Worley, Hutson, Stuart, Meacham, Vaughn, Riser, Koon and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-345 SO AS TO PROVIDE A TWENTY-FIVE PERCENT TUITION SURCHARGE ON STUDENTS WHO TAKE MORE THAN ONE HUNDRED FORTY CREDIT HOURS TO COMPLETE A BACCALAUREATE DEGREE IN A FOUR-YEAR PROGRAM AT ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OF THIS STATE OR MORE THAN ONE HUNDRED TEN PERCENT OF THE CREDIT HOURS NECESSARY TO COMPLETE A BACCALAUREATE DEGREE IN ANY PROGRAM DESIGNATED BY THE COMMISSION ON HIGHER EDUCATION AS A FIVE-YEAR PROGRAM AT ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OF THIS STATE.
Referred to Committee on Education and Public Works.
H. 3948 -- Reps. Harwell, Elliott, Sharpe, Kennedy, Hines, Riser and Askins: A BILL TO AMEND SECTION 39-19-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM RATES FOR HANDLING AND SELLING TOBACCO ON THE FLOOR OF TOBACCO WAREHOUSES, SO AS TO INCREASE THE COMMISSION ON THE GROSS SALES OF LEAF TOBACCO FROM TWO AND ONE-HALF TO THREE AND ONE-HALF PERCENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3949 -- Reps. J. Brown, Hines, Herdklotz, Neilson, Meacham, Wright, Hutson, Byrd, Simrill, Limehouse, R. Smith, Huff, Vaughn, Littlejohn, Whatley and Mason: A BILL TO AMEND SECTION 40-45-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS OF APPLICANTS FOR REGISTRATION AS PHYSICAL THERAPISTS OR AS PHYSICAL THERAPIST ASSISTANTS, SO AS TO FURTHER PROVIDE FOR THE REQUIRED GRADE TO PASS THE EXAMINATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3950 -- Reps. J. Brown, Herdklotz, Hines and Byrd: A BILL TO AMEND SECTION 40-47-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE RESPIRATORY CARE PRACTITIONERS ACT, SO AS TO REVISE THE DEFINITION OF "RESPIRATORY CARE PRACTITIONERS"; TO AMEND SECTION 40-47-530, RELATING TO PERSONS EXEMPT FROM THE RESPIRATORY CARE PRACTITIONERS ACT, SO AS TO FURTHER PROVIDE FOR THESE EXEMPTIONS; AND TO AMEND SECTION 40-47-655, AS AMENDED, RELATING TO A LIMITED CERTIFICATE TO PRACTICE RESPIRATORY CARE, SO AS TO REVISE THE REQUIREMENTS AN APPLICANT MUST MEET IN ORDER TO BE ISSUED SUCH A LIMITED CERTIFICATE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3951 -- Rep. J. Brown: A BILL TO AMEND SECTION 40-36-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF OCCUPATIONAL THERAPISTS, SO AS TO DELETE PROVISIONS RELATING TO TEMPORARY AND REGULAR LICENSES FOR CERTAIN FOREIGN-TRAINED OCCUPATIONAL THERAPISTS OR OCCUPATIONAL THERAPY ASSISTANTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3952 -- Rep. McAbee: A BILL TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR MCCORMICK COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR MCCORMICK COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, PROVIDE FOR APPROPRIATIONS FOR THE OPERATION OF THE BOARD, PROVIDE FOR NECESSARY OFFICE SPACE, TELEPHONE SERVICE, AND EQUIPMENT FOR THE BOARD, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE MCCORMICK COUNTY ELECTION COMMISSION AND THE MCCORMICK COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW MCCORMICK COUNTY BOARD OF ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3953 -- Reps. Stuart, Harrison, Askins, Neal, Phillips, Cave, Delleney and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-370 SO AS TO PROVIDE THAT AN ADDITIONAL DOLLAR MUST BE ADDED TO THE TICKET PRICE OF INTERCOLLEGIATE FOOTBALL GAMES AND MEN'S AND WOMEN'S BASKETBALL GAMES AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES, THE PROCEEDS FROM WHICH MUST BE DEPOSITED IN A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND AND USED FOR THE ENHANCEMENT OF PROFESSORS' SALARIES, RECRUITMENT, TRAINING, AND RESEARCH.
Referred to Committee on Ways and Means.
H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.
Referred to Committee on Judiciary.
H. 3955 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-505 SO AS TO AUTHORIZE CERTAIN FISHING ON LAKE ASHWOOD IN LEE COUNTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3956 -- Reps. McAbee, Carnell, S. Whipper, Bailey, Elliott, Waldrop, Klauber, Stuart, Knotts, Shissias, Byrd, Jaskwhich, Breeland and McKay: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES AND THEIR TERMS OF OFFICE, JURISDICTION, CERTIFICATION, AND TRAINING, SO AS TO FURTHER PROVIDE FOR THE NUMBER OF MAGISTRATES IN EACH COUNTY AND FOR OTHER MATTERS RELATED TO THE APPOINTMENT OF MAGISTRATES FOR A PARTICULAR COUNTY; TO ADD SECTION 22-1-11 SO AS TO PROVIDE THAT MAGISTRATES' COURTS SHALL BECOME A PART OF THE UNIFIED JUDICIAL SYSTEM OF THIS STATE, TO PROVIDE THAT MAGISTRATES SHALL BE COMPENSATED BY THE STATE AND PARTICIPATE IN THE JUDICIAL RETIREMENT SYSTEM, TO PROVIDE THAT THE FINES, FEES, AND COSTS COLLECTED BY MAGISTRATES SHALL BE DEPOSITED IN THE STATE GENERAL FUND, AND TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT SHALL REIMBURSE THE SEVERAL COUNTIES OF THIS STATE EACH FISCAL YEAR FOR THE COSTS EACH COUNTY INCURS IN PROVIDING FOR THE OPERATION OF THE MAGISTERIAL SYSTEM IN THAT COUNTY; TO AMEND SECTION 22-8-40, RELATING TO MAGISTRATES AND MAGISTRATES' SALARIES, SO AS TO REVISE THE NUMBER OF MAGISTRATES IN EACH COUNTY, THEIR COMPENSATION, AND THE MANNER OF THEIR SERVICE; TO AMEND SECTION 22-8-50, RELATING TO THE MANNER IN WHICH CASES OF AGGRIEVED MAGISTRATES SHALL BE HEARD, SO AS TO FURTHER PROVIDE FOR THIS PROCEDURE; TO AMEND SECTIONS 22-1-70 AND 22-1-100, RELATING TO FINES AND PENALTIES COLLECTED BY MAGISTRATES IN CRIMINAL CASES, SO AS TO PROVIDE THAT THESE FINES AND PENALTIES MUST BE FORWARDED TO THE STATE TREASURER FOR DEPOSIT IN THE STATE GENERAL FUND, AND TO PROVIDE CERTAIN REMEDIES IF REQUIRED REPORTS PERTAINING TO CRIMINAL CASES AND FINES ARE NOT FILED BY MAGISTRATES; AND TO AMEND SECTION 8-21-1000 AND SECTIONS 8-21-1010 AND 8-21-1060, AS AMENDED, RELATING TO FEES AND COSTS OF MAGISTRATES, SO AS TO PROVIDE THAT THESE FEES AND COSTS MUST BE FORWARDED TO THE STATE TREASURER FOR DEPOSIT IN THE STATE GENERAL FUND.
Referred to Committee on Ways and Means.
H. 3957 -- Reps. Cato, Tripp, Easterday, Jaskwhich, Rice, McMahand, Fair and Haskins: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 12 SO AS TO ENACT THE SOUTH CAROLINA HOSPITAL EQUAL ACCESS ACT AND TO DEFINE TERMS, ESTABLISH DUTIES AND PROCEDURES FOR PROVIDING EQUAL ACCESS TO HOSPITAL SERVICES, AND TO CREATE A CAUSE OF ACTION FOR TREBLE DAMAGES FOR VIOLATIONS OF THIS ARTICLE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3958 -- Reps. Hallman and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-135 SO AS TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING CERTAIN ACTS RELATED TO DENTAL TREATMENTS AND OPERATION OF A DENTAL OFFICE OR PRACTICE AND TO PROVIDE PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3959 -- Reps. A. Young, Klauber and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 27, TITLE 58 SO AS TO ENSURE THE SAFETY OF PERSONS ENGAGED IN ACTIVITIES IN PROXIMITY OF HIGH VOLTAGE OVERHEAD LINES AND PROVIDE PENALTIES.
Referred to Committee on Labor, Commerce and Industry.
S. 7 -- Senators Leatherman, Wilson, Rose, Rankin, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.
Referred to Committee on Education and Public Works.
S. 9 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Stilwell, Courtney, Jackson, Rose and Giese: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE; TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-65, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990 COMMENCING WITH THE 1996 GENERAL ELECTION, TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE APPROPRIATE OFFICIAL OF THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-60, AS AMENDED, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.
Referred to Committee on Judiciary.
S. 670 -- Senator Holland: A BILL TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE MUST BE PAID THE SUM OF SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.
Referred to Kershaw Delegation.
On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 3952 be read the second time tomorrow.
The following was introduced:
H. 3960 -- Rep. Riser: A CONCURRENT RESOLUTION TO CELEBRATE THE HISTORY AND TRADITION OF THE EBENEZER METHODIST CHURCH OF BOWMAN ON THE OCCASION OF ITS CENTENNIAL ON NOVEMBER 5, 1995.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Harrell Harris, J. Harrison Harwell Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder 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 6.
Thomas N. Rhoad G. Ralph Davenport, Jr. George H. Bailey Kenneth Kennedy Patrick B. Harris Joseph H. Neal Joseph T. McElveen, Jr. Timothy F. Rogers Harry M. Hallman, Jr. Ralph W. Canty C. Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Rep. LIMBAUGH a leave of absence for the day.
The SPEAKER granted Rep. KEYSERLING a leave of absence for the day.
The SPEAKER granted Rep. RHOAD a leave of absence.
Rep. KEYSERLING signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Thursday, April 6.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 5.
Announcement was made that Dr. Gerald Wilson of Columbia is the Doctor of the Day for the General Assembly.
Rep. SPEARMAN and the Saluda County Delegation presented to the House the Saluda High School Marching Tiger Band, Winners of the 1994 AA Division State Marching Band Championship, their directors and other school officials.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.
H. 3896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NOTICES TO THE PUBLIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.
H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.
H. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.
H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.
H. 3906 -- Reps. Harrison and Scott: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BONDSMAN ACTING AS SURETY ON BAIL BONDS MAINTAINS DEPOSITS WITH THE CLERK OF COURT IN CERTAIN AMOUNTS, SO AS TO CHANGE FROM ASSESSED TO FAIR MARKET THE VALUE WHICH MUST BE PLEDGED IF THE DEPOSITS ARE REAL PROPERTY AND TO PROVIDE FOR THE MANNER IN WHICH THIS VALUE IS DETERMINED.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. HARRISON having the floor.
H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 30, by the Committee on Judiciary.
Rep. HARRISON continued speaking.
The amendment was then adopted.
Reps. HALLMAN and FULMER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21642SD.95), which was adopted.
Amend the bill, as and if amended, by striking Section 8-11-180 of the 1976 Code, as contained in Section 1, and inserting:
/"Section 8-11-180. A state employee entitled to annual leave pursuant to Article 7 of this chapter who is a certified disaster service volunteer of the American Red Cross may be granted leave from work without pay for not more than fifteen work days in each year, to participate in specialized disaster relief services for the American Red Cross during times when a natural disaster has been declared in South Carolina or another state by the appropriate government official. The employee may be released from work for this function upon request of the American Red Cross for the services of that employee, and upon the written approval of that employee's employer. This leave is in addition to other leave to which the employee is entitled."/
Amend title to conform.
Rep. HALLMAN explained the amendment.
Rep. HALLMAN continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. G. BROWN moved to reconsider the vote whereby H. 3320 was given a second reading and the motion was noted.
The following Bill was taken up.
H. 3558 -- Reps. White and McTeer: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT NO COUNTY IN THE FOURTEENTH CIRCUIT AS WELL AS THE SIXTH CIRCUIT SHALL HAVE MORE THAN ONE RESIDENT FAMILY COURT JUDGE, AND TO PROVIDE THAT THIS PROVISION SHALL NOT PRECLUDE THE REELECTION OF ANY INCUMBENT FAMILY COURT JUDGE IF THIS WOULD RESULT IN MORE THAN ONE RESIDENT FAMILY COURT JUDGE FROM A PARTICULAR COUNTY IN THESE CIRCUITS.
Reps. HARRISON and WHITE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21664SD.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-1410 of the 1976 Code is amended to read:
"Section 20-7-1410. The General Assembly shall elect a number of Family Court Judges from each judicial circuit as follows:
First Circuit Two Judges
Second Circuit Two Judges
Third Circuit Three Judges
Fourth Circuit Three Judges
Fifth Circuit Four Judges
Sixth Circuit Two Judges
Seventh Circuit Three Judges
Eighth Circuit Three Judges
Ninth Circuit Four Judges
Tenth Circuit Three Judges
Eleventh Circuit Three Judges
Twelfth Circuit Three Judges
Thirteenth Circuit Four Judges
Fourteenth Circuit Three Judges
Fifteenth Circuit Two Judges
Sixteenth Circuit Two Judges
In the following judicial circuits at least one Family Court Judge must be a resident of each county in the circuit: fifth, seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one Family Court Judge must be a resident of one of the counties which does not have the largest population in the circuit. In those judicial circuits made up of five counties, at least one Family court Judge must be a resident of one of the three counties with the smallest population in the circuit.
No county in the sixth circuit shall have more than one resident Family Court Judge."
SECTION 2. This act takes effect upon approval by the Governor and applies to Family Court vacancies occurring after July 1, 1995./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
Rep. WILKES explained the Bill.
Rep. ROBINSON raised the Point of Order that the Bill was out of order in compliance with Rule 5.13 in that it did not have a fiscal impact statement attached.
Rep. WILKES argued contra the Point in stating that it did not affect state funds and the funds were coming from the private sector.
Rep. SHARPE stated that the funds were voluntary by the Dry Cleaning Association and only collected by the Department of Revenue and put into a trust fund in the Treasurer's Office.
SPEAKER Pro Tempore HASKINS stated that on page 3, Section 44-56-420, stated that the State accepted no financial responsibility as a result of the creation of the fund and no burden.
Rep. ROBINSON stated that on page 12 it referred to a surcharge being remitted to the Department of Revenue. He further stated that state funds would be used to create the documents to comply with the Bill and that would be an expenditure of state funds.
SPEAKER Pro Tempore HASKINS stated that even though the impact may be zero that under Rule 5.13 the Bill would require a fiscal impact statement and he sustained the Point of Order.
The following Bill was taken up.
H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER Pro Tempore overruled the Point of Order.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18233AC.95).
Amend the bill, as and if amended, by deleting Section 59-19-45(A) and inserting:
/(A) Within one year of taking office, all persons elected or appointed as members of a school district board of trustees after July 1, 1995, shall successfully complete an orientation in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent and board relations, instructional programs, district finance, school law, ethics, and community relations./
Amend further by deleting Section 59-19-45(E) and inserting:
/(E) The State Department of Education shall reimburse a school district or county board of education conducting an orientation for a new board member as required by this section at the rate of eighty dollars per member, provided that the total reimbursements by the department in any one fiscal year must not exceed ten thousand dollars. If the total projected cost of these reimbursements for any year as determined by the department exceeds ten thousand dollars, the eighty dollar reimbursement per new member must be reduced proportionately. If funds are not available for these reimbursements, the board member orientation is not required but may be conducted at the option of a school district or county board of education. The State Board of Education shall establish guidelines and procedures for these reimbursements./
Renumber sections to conform.
Amend title to conform.
Rep. JASKWHICH was recognized.
Reps. SIMRILL, R. SMITH, HERDKLOTZ, MASON, FAIR, VAUGHN, KLAUBER, COTTY and QUINN objected to the Bill.
The following Bill was taken up.
H. 3694 -- Reps. Wright, Allison, Bailey, Byrd, Cooper, Fulmer, Harrell, J. Harris, Hodges, Keegan, Kelley, Knotts, Koon, Lanford, Limehouse, Mason, McMahand, Meacham, Phillips, Sharpe, Shissias, Stuart, Townsend, Walker, Wilder, Wofford, Kennedy, Cain and Stille: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRES A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3868CM.95).
Amend the bill, as and if amended, by striking Section 56-5-6540(B) and inserting:
/(B) A law enforcement officer may not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. HUFF moved to adjourn debate upon the Bill until Tuesday, April 11, which was adopted.
The SPEAKER Pro Tempore granted Rep. WILKES a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Rep. STILLE explained the Bill.
Rep. McTEER moved to adjourn debate upon the Bill.
Rep. TOWNSEND moved to table the motion, which was agreed to.
Rep. HALLMAN spoke against the Bill.
Rep. STILLE spoke in favor of the Bill.
Rep. HALLMAN moved to table the Bill.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Brown, T. Canty Cobb-Hunter Fulmer Hallman Harrell Herdklotz Howard Kinon Limehouse Lloyd Moody-Lawrence Neal Robinson Scott Seithel White
Those who voted in the negative are:
Allison Anderson Askins Bailey Breeland Brown, G. Brown, H. Cain Carnell Cato Chamblee Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Gamble Govan Harris, J. Harris, P. Harrison Harwell Haskins Hines Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Klauber Knotts Koon Law Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Neilson Phillips Quinn Richardson Riser Sandifer Sharpe Shissias Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Trotter Vaughn Walker Wells Whatley Whipper, S. Wilder Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.
Reps. WALKER, MEACHAM and FLEMING withdrew their objections to the following Bill.
H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.
The motion of Rep. COOPER to reconsider the vote whereby debate was adjourned on the following Bill until April 25 was taken up.
H. 3827 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, 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 DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED COMBINED RATIO FOR RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE HUNDRED PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION 38-73-1425 AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF REINSURANCE FACILITY FILE AN EXPENSE COMPONENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE REINSURANCE FACILITY MUST BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES WHICH THEY ARE MANDATED BY LAW TO WRITE IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS RECEIVED BY, OR FILED WITH, THE DEPARTMENT FROM PERSONS ALLEGING DISCRIMINATION WHEN THE PERSON IS DENIED PHYSICAL DAMAGE COVERAGES BY AN INSURER; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTION 38-77-590, UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT MAY CEDE UP TO, AND INCLUDING, ONE HUNDRED PERCENT OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN FIFTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION OF THE FACILITY IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN SIXTY-FIVE PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN EIGHTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, AND PROVIDE FOR VARYING EFFECTIVE DATES FOR THE ABOVE CHANGES TO THE PROVISIONS OF SECTION 38-77-950; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER THINGS THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY; TO REQUIRE ALL INSURERS SUBJECT TO SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND PROVIDE THAT THESE FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT; AND TO PROVIDE THAT IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID, THE REMAINDER OF THIS ACT AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND THAT IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION.
Rep. FELDER moved to table the motion to reconsider.
Rep. RICHARDSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, G. Brown, H. Brown, T. Byrd Cain Canty Carnell Cave Chamblee Clyburn Cobb-Hunter Cotty Dantzler Delleney Easterday Elliott Fair Felder Fleming Gamble Govan Hallman Harrell Harris, P. Harrison Haskins Herdklotz Hines Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kinon Klauber Knotts Koon Limehouse Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Neal Neilson Phillips Quinn Rice Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Smith, R. Spearman Stuart Thomas Townsend Tripp Trotter Vaughn Wells Whatley Whipper, L. Whipper, S. White Wilder Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Cato Davenport Kirsh Meacham Moody-Lawrence Richardson Simrill Walker
So, the motion to reconsider was tabled.
The motion of Rep. G. BROWN to reconsider the vote whereby the following Bill was given a second reading was taken up.
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. SHEHEEN moved to adjourn debate upon the motion to reconsider until Tuesday, April 11.
Rep. WITHERSPOON moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, T. Cain Cato Chamblee Easterday Elliott Fair Hallman Harrell Harris, P. Haskins Hutson Keegan Kelley Kennedy Lanford Limehouse Marchbanks Martin McTeer Meacham Riser Seithel Sharpe Stille Thomas Townsend Trotter Vaughn Walker Wells Whatley Witherspoon Worley
Those who voted in the negative are:
Anderson Askins Bailey Breeland Brown, G. Brown, H. Canty Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Delleney Fleming Gamble Govan Harris, J. Harrison Herdklotz Hines Inabinett Jaskwhich Jennings Kinon Kirsh Knotts Koon Law Lloyd Mason McCraw McElveen McKay McMahand Moody-Lawrence Neal Neilson Phillips Quinn Rice Richardson Rogers Sandifer Scott Sheheen Simrill Smith, R. Spearman Whipper, L. Whipper, S. White Wilder Wofford Wright Young, A.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to adjourn debate on the motion to reconsider until Tuesday, April 11, which was agreed to.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3835 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
H. 3836 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.
H. 3837 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.
Rep. CATO moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., April 6, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Passailaigue and Peeler of the Committee of Conference on the part of the Senate on H. 3361:
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 6, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Initial Appointment, Prisoner of War Commission, with term to commence July 1, 1993, and to expire July 1, 1997:
6th Congressional District:
Mr. Harry Everett Thomas, Jr., 1008 Woodstone Drive, Florence, S.C. 29501-5555 VICE MG Jones E. Bolt
Very respectfully,
President
Received as information.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
April 5, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Victims Assistance Network, Adam Walsh Center, and People Against Crime are sponsoring a reception for all members of the General Assembly so that the public can meet their elected representatives and senators. The reception will be held on Thursday, April 27 from 9:30 A.M. until 12:15 P.M. in the lower lobby of the South Carolina State House. This is part of the annual Victims' Rights Week Conference.
We cordially invite you and your fellow representatives to join with us in this reception.
Thank you for all you do for the people of South Carolina.
Sincerely,
Margaret Frierson
Secretary/Treasurer
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 694 -- Senator McGill: A CONCURRENT RESOLUTION TO ESTABLISH APRIL 20TH AS CHICORA INDIAN DAY IN RECOGNITION OF THE CHICORA INDIAN TRIBE'S HISTORICAL SIGNIFICANCE AND CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 694 -- Senator McGill: A CONCURRENT RESOLUTION TO ESTABLISH APRIL 20TH AS CHICORA INDIAN DAY IN RECOGNITION OF THE CHICORA INDIAN TRIBE'S HISTORICAL SIGNIFICANCE AND CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
Whereas, in the early sixteenth and seventeenth centuries, the people living in present-day South Carolina knew their homeland by the name Chicora; and
Whereas, the Chicora's land was bordered on the north by the Cape Fear River and on the south by the Savannah River, and possibly as far west as the Appalachian Mountains; and
Whereas, the first written reference to the Chicora people was made by the Spaniard Martyr in 1520, and thereafter by numerous Spanish and French explorers, including Hernando de Soto; and
Whereas, the native people of Chicora had no written language but were intelligent and skilled in the simple arts and crafts incident to their primitive way of life; and
Whereas, the Chicoras were organized into families with a headman and thereafter into tribes under a chief and his council and into a nation under a cacique (king); and
Whereas, the Chicoras welcomed the Spanish and French explorers with kindness, generosity, and hospitality and were rewarded with cruelty and enslavement; and
Whereas, the Chicora population was decimated by warfare between the Spanish and French, and eventually by smallpox, measles, typhus, and other diseases carried by the British settlers to America; and
Whereas, the last recorded Chicora activity occurred in 1743, where Chief Eno Jemmy Warrior and his warriors met the Catawbas at Cherawtown during the government's attempt to move all natives to the Catawba community; and
Whereas, the remaining Chicoras were forcibly assimilated into white communities; and
Whereas, in the 1970's, the remaining indigenous Chicoras began the process of establishing recognition of their tribe, and in 1986 the board members of the South Carolina Council of Native Americans elected Gene Martin interim Chief; and
Whereas, in 1991, Chief Martin was elected tribal chief by the members of the tribe; and
Whereas, the 1990 census identified eighty (80) tribal members, and the tribal role now contains over 480 names; and
Whereas, the tribal headquarters are located in Andrews, South Carolina in Georgetown County; and
Whereas, Horry, Georgetown, and Williamsburg Counties and the cities of Surfside, Conway, and Andrews proclaim the third week in November the Chicora Indian Tribal Week. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby establish April 20th as Chicora Indian Day in recognition of the Chicora Indian Tribe's historical significance and contributions to the State of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Chief Gene Martin of the Chicora Indian Tribe.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5-110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Referred to Committee on Judiciary.
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Referred to Committee on Judiciary.
H. 3963 -- Reps. Rice, Askins and Kennedy: A BILL TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE THE DEPARTMENT TO CONSTRUCT DRIVEWAYS OF CERTAIN LENGTHS FOR PERSONAL OR BUSINESS USE AT LEAST COST WITH ITS MAINTENANCE FORCES OR WITH A PRIVATE CONTRACTOR, TO REQUIRE A BUSINESS OWNER TO REIMBURSE THE DEPARTMENT FOR DRIVEWAYS CONSTRUCTED FOR BUSINESS USE, AND TO PROVIDE A TAX CREDIT OF SEVENTY-FIVE PERCENT OF THE AMOUNT A BUSINESS REIMBURSES THE DEPARTMENT.
Referred to Committee on Education and Public Works.
H. 3964 -- Reps. Elliott, Hallman, Waldrop, Cato, Trotter, Stoddard, Witherspoon, Martin, Mason, Harwell, Littlejohn, R. Smith, Cooper, Vaughn, Koon, Cain, Sandifer, Wilkes, D. Smith, P. Harris, Kirsh, Klauber, Riser and G. Brown: A BILL TO AMEND SECTION 40-15-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE NUMBER FROM NINE TO TEN AND TO PROVIDE FOR AN ADDITIONAL DENTAL HYGIENIST MEMBER AND TO CONFORM OTHER PROVISIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3965 -- Reps. Gamble, Hallman, H. Brown, Lanford, Koon, Fulmer and Keegan: A BILL TO AMEND SECTIONS 9-1-1650, 9-8-110, AS AMENDED, 9-9-100, AS AMENDED, AND 9-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS DUE BENEFICIARIES OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW AN ACTIVE CONTRIBUTING MEMBER TO NOMINATE CONTINGENT BENEFICIARIES WHO, IF PREDECEASED BY ALL OTHER BENEFICIARIES, ARE CONSIDERED THE BENEFICIARY FOR PURPOSES OF REFUNDS AND ANNUITIES, IF APPLICABLE, UNDER THESE SYSTEMS.
Referred to Committee on Ways and Means.
H. 3966 -- Rep. Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-870 AND 9-11-360 SO AS TO ALLOW EMPLOYERS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TO ELECT NOT TO MAKE EMPLOYER CONTRIBUTIONS FOR EMPLOYEES TO ESTABLISH NONMEMBER SERVICE, TO PROVIDE THAT THE ELECTION IS IRREVOCABLE, TO PROVIDE THAT THE ELECTION DOES NOT APPLY TO THE STATE, AND TO ALLOW EMPLOYEES OF ELECTING EMPLOYERS TO ESTABLISH CREDIT FOR NONMEMBER SERVICE BY PAYING BOTH THE EMPLOYEE AND EMPLOYER PAYMENT.
Referred to Committee on Ways and Means.
H. 3967 -- Reps. Fulmer, Seithel, Hallman, Kelley, Harrell, Limehouse and Keegan: A BILL TO REPEAL SECTION 57-5-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RESIDENTIAL RIGHTS-OF-WAY ENTRANCES AND APRONS TO STATE HIGHWAYS.
Referred to Committee on Education and Public Works.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Rep. TOWNSEND explained the Bill and moved to adjourn debate upon the Bill until Tuesday, April 11, which was adopted.
The following Joint Resolution was taken up.
H. 3242 -- Reps. Anderson, McMahand and Breeland: A JOINT RESOLUTION REQUIRING THE CHIEF INSURANCE COMMISSIONER TO RECOMMEND TO THE GENERAL ASSEMBLY LEGISLATIVE CHANGES THAT WILL ENCOURAGE A GREATER NUMBER OF INSURANCE COMPANIES TO OPERATE IN THIS STATE IN SUCH A MANNER AS TO FOSTER BROAD-BASED COMPETITION IN THE MARKET PLACE AND RESULT IN REDUCED PREMIUMS FOR THE STATE'S CONSUMERS.
Rep. CATO made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION 27-40-650, RELATING TO TENANT REMEDIES AND FIRE OR CASUALTY DAMAGE, SO AS TO PROVIDE THAT AN ACCOUNTING FOR RENT IN THE EVENT OF TERMINATION OR APPORTIONMENT MUST BE MADE AS OF THE DATE OF THE FIRE OR CASUALTY UNLESS THE FIRE OR CASUALTY WAS DUE TO THE TENANT'S NEGLIGENCE OR CAUSED BY THE TENANT; TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES AND NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE TENANT SHALL REIMBURSE THE LANDLORD FOR CERTAIN COSTS; TO AMEND SECTION 27-40-730, RELATING TO LANDLORD REMEDIES FOR ABSENCE, NONUSE, AND ABANDONMENT OF A DWELLING UNIT, SO AS TO PROVIDE THAT IF THE TENANT HAS VOLUNTARILY TERMINATED THE UTILITIES AND THERE IS AN UNEXPLAINED ABSENCE OF A TENANT AFTER DEFAULT IN PAYMENT OF RENT, ABANDONMENT IS CONSIDERED IMMEDIATE AND THE FIFTEEN-DAY RULE DOES NOT APPLY; AND TO AMEND SECTION 27-40-790, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE PAYMENT OF RENT INTO COURT, SO AS TO DELETE THE WORD "JUDGMENT" AND REPLACE IT WITH THE WORD "DECISION".
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 383 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-38 SO AS TO REQUIRE THAT DEEDS CONVEYING AN INTEREST IN LAND AND MORTGAGES OF REAL ESTATE INCLUDE THE TAX MAP NUMBER OF THE SUBJECT PROPERTY, AND PROVIDE FOR RELATED MATTERS.
Rep. SHEHEEN moved to commit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up.
H. 3504 -- Reps. Delleney, Felder, Mason, Martin, Harrison, Elliott, Seithel, Hodges, Witherspoon, Jaskwhich, Limbaugh, Cain, Vaughn, Herdklotz, Fair, Rice, McCraw, Huff, Quinn, Haskins, Wilkins, Sheheen, Phillips, Wells and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.
Rep. HUFF made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.
Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND DEMAND REDUCTION ACTIVITIES.
Rep. COTTY explained the Bill.
Rep. STUART made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.
Rep. HUFF made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3931 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-1-40, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.
Rep. CATO explained the Bill.
On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3840 be read the third time tomorrow.
The following Bill was taken up.
H. 3824 -- Reps. Baxley, Keyserling, Martin, Thomas, Harrison, Shissias, Stuart, Moody-Lawrence, T. Brown, Wright, Riser, Harvin and McTeer: A BILL TO AMEND SECTION 56-3-4510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR THE NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO REVISE THE ANNUAL FEE FOR THE PLATES.
Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Rep. A. YOUNG proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\PT\1895DW.95), which was adopted.
Amend the bill, as and if amended, Page 3, SECTION 5, Line 22, by inserting after /made./ /The Senate must advise and consent within thirty days after it receives the appointment or the appointee is deemed to have been appointed./
Amend title to conform.
Rep. A. YOUNG explained the amendment.
The amendment was then adopted.
Rep. A. YOUNG proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\PT\1899DW.95), which was adopted.
Amend the bill, as and if amended, Page 1, Line 25, by inserting after /must/ /be named 'The Naval Complex Development Commission' and/.
Amend title to conform.
Rep. A. YOUNG explained the amendment.
The amendment was then adopted.
Reps. H. BROWN, DANTZLER, FULMER, HUTSON, LAW, LIMEHOUSE, SEITHEL, WHATLEY, L. WHIPPER, WOFFORD and A. YOUNG proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\PT\1903DW.95), which was adopted.
Amend the bill, as and if amended, beginning on Page 1, by striking SECTION 1 and inserting:
/SECTION 1. Section 31-12-40(D) of the 1976 Code is amended to read:
"(D) If the federal property subject to disposal is contained wholly or partially within a county, all or a portion of which lies in an MSA which extends over more than one South Carolina county, the authority must include:
(1) one representative of each South Carolina county which contains all or a portion of the federal property subject to disposal, appointed by the respective county governing body;
(2) one representative of each South Carolina county in the MSA not entitled to a representative under subsection (D)(1), appointed by the respective county governing body;
(3) one representative of each municipality located wholly or partly within the MSA with a population of at least 50,000 as determined by the latest official federal census, appointed by the respective municipal governing body;
(4) such additional representatives as may be necessary to assure that any municipality within whose boundaries the major portion of properties scheduled for disposal lies shall have a total number of representatives being two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the municipal governing body;
(5) if the major portion of properties scheduled for disposal lies within a single county but not within the boundaries of any single municipality, such additional representatives as may be necessary to assure that county two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the county governing body;
(6) one member elected by a majority of the Senate;
(7) one member elected by a majority of the House of Representatives; and
(8) one seven at-large appointment appointments by the Governor, with the advice and consent of the Senate, as follows: who shall be a resident of one of the counties which lie, wholly or partially, in the MSA which is entitled to an appointment under subsections (D)(1) or (D)(2).
(a) three members who must be residents of each of the three counties which lie, wholly or partially, in the MSA;
(b) three members who must be residents of the municipality within whose boundaries the major portion of properties scheduled for disposal lies; and
(c) one at-large member who must be a resident of one of the counties which lies, wholly or partially, in the MSA, who must be the chairman."/
Amend further, Page 3, by striking SECTION 5 in its entirety and inserting:
/SECTION 5. Section 31-12-40(J), (K), and (L) of the 1976 Code is amended to read:
"(J) A vacancy occurring during the recess of the Senate may be filled by an interim appointment by the appointing body or officer.
The Senate must be notified of the interim appointment, which shall be submitted no later than the end of the third week of its next ensuing regular session. The Senate may give or withhold its advice and consent to an appointment at any time after submission of the appointment, provided that if the Senate does not advise and consent to an appointment prior to Sine Die adjournment of that session, the office shall be vacant and the interim appointment shall not serve in holdover status notwithstanding any other provision of law to the contrary. In no event may the same individual be reappointed by the appointing body or officer until such time as the term for which the interim appointee would have served expires it is deemed filled by the appointee or appointees submitted by the Governor.
(K) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled while the Senate is in session by an interim appointment of a different person by the appointing body or officer Governor until Sine Die adjournment of that session.
(L) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled during the recess of the Senate by an interim appointment by the appointing body or officer Governor in the same manner as in subsection (I)."/
Amend further, beginning on Page 2, by striking SECTION 3 and inserting:
/SECTION 3. Section 31-12-40(H) of the 1976 Code is amended to read:
"(H) The appointments made pursuant to subsections (B)(2), (B)(3), and (B)(4), subsections (C)(2), (C)(3), and (C)(4), and subsections (D)(1), (D)(2), (D)(3), (D)(4), (D)(5), and (D)(8) shall be are subject to the advice and consent of the Senate."/
Renumber sections to conform.
Amend title to conform.
Rep. FULMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. A. YOUNG, with unanimous consent, it was ordered that S. 662 be read the third time tomorrow.
Rep. H. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3922 -- Reps. Shissias, Quinn, Cotty, Howard, Neal, Scott and Rogers: A CONCURRENT RESOLUTION CONGRATULATING THE RICHLAND NORTHEAST HIGH SCHOOL MODEL UNITED NATIONS CLUB AND THE CLUB'S SPONSOR-ADVISER, MS. LYNN WASHINGTON, ON WINNING A SIXTH STRAIGHT FIRST-PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UN CONFERENCE.
H. 3934 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION AND ADMIRATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING CONTRIBUTIONS OF MR. BOB FULTON AS THE "VOICE OF THE GAMECOCKS" FOR THE PAST FORTY-THREE YEARS ON THE OCCASION OF HIS RETIREMENT.
H. 3935 -- Reps. Waldrop, J. Brown and Wilder: A CONCURRENT RESOLUTION TO COMMEND DR. JULIAN E. GRANT FOR HIS OVER SIXTY YEARS OF SERVICE TO NEWBERRY COUNTY AS A PRACTICING PHYSICIAN AND COMMUNITY LEADER.
H. 3936 -- Reps. Koon, Sharpe, Rhoad, Chamblee, Spearman, Riser, Gamble, McTeer and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MARION T. BURNSIDE, CHAIRMAN OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES BOARD, FOR ALL OF HIS ACCOMPLISHMENTS, AWARDS, AND EFFORTS IN PROMOTING ENVIRONMENTAL AWARENESS IN SOUTH CAROLINA.
H. 3937 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING MR. FLETCHER LEE EVANS OF GREENVILLE COUNTY FOR HIS OUTSTANDING ACCOMPLISHMENTS AS PRESIDENT OF THE STATE BROTHERHOOD AUXILIARY TO THE STATE BAPTIST EDUCATION AND MISSIONARY CONVENTION.
H. 3938 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE BOYS TENNIS TEAM OF FORT MILL HIGH SCHOOL ON WINNING THE 1994 STATE CLASS AAA TENNIS CHAMPIONSHIP.
H. 3939 -- Reps. Cain and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN H. KELLEY OF WALHALLA UPON BEING NAMED "1995 ADVOCATE OF THE YEAR" BY THE NATIONAL AMERICAN SCHOOL COUNSELOR ASSOCIATION.
H. 3940 -- Rep. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND SINCERE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO "CITY YEAR COLUMBIA" FOR THEIR MANY CONTRIBUTIONS TO THE MIDLANDS OF SOUTH CAROLINA.
H. 3960 -- Rep. Riser: A CONCURRENT RESOLUTION TO CELEBRATE THE HISTORY AND TRADITION OF THE EBENEZER METHODIST CHURCH OF BOWMAN ON THE OCCASION OF ITS CENTENNIAL ON NOVEMBER 5, 1995.
At 12:15 P.M. the House in accordance with the motion of Rep. KIRSH adjourned in memory of Wyman Wallace of Clover, to meet at 10:00 A.M. tomorrow.
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