Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
As spring has followed winter, may this, Lord, make us confident that all Your promises are sure.
We thank You for the awakening beauty all around. With clear vision and grateful hearts, may we see in it all Your presence and Your power. As the miracle of life is wrought anew in the tiniest blossom, in every green blade of grass, and in budding branches against the sky above, may the wonder of it rebuke our cold cynicism, the grandeur of it restore our tired hope, and the loveliness of it enhance our understanding of Your promises which are sure.
We thank You, Heavenly Father, that You are a God of both nature and of human nature. 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 Friday, the SPEAKER ordered it confirmed.
Rep. J. BROWN moved that when the House adjourns, it adjourn in memory of Deacon Joseph Stroy of Hopkins, which was agreed to.
Memorandum To: Clerk of the House
Clerk of the Senate
Re: Committee Hearings, March 26, 1998 and March 31, 1998
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
The Citadel (1 seat)
at-large Col. William E. Jenkinson, III (Kingstree)
Clemson University (3 seats)
at-large Harold Doug Kingsmore (Aiken)
Patti McAbee (McCormick)
Joseph D. Swann (Greenville)
Harry Bell (Ward)
Howard Rawl (Gilbert)
College of Charleston (8 seats)
1st District, Seat 1 Joseph F. Thompson, Jr. (Mt. Pleasant)
2nd District, Seat 3 Charlotte Berry (Columbia)
3rd District, Seat 5 Anne T. Sheppard (Laurens)
4th District, Seat 7 Robert S. Small, Jr. (Greenville)
5th District, Seat 9 F. C. McMaster (Winnsboro)
6th District, Seat 11 J. David Watson (Dillon)
at-large, Seat 13 Thomas W. Weeks (Barnwell)
at-large, Seat 15 John F. Clark, III (Columbia)
Francis Marion University (9 seats)
1st District, Seat 1 Worth Roberts (Charleston)
1st District, Seat 2 Melissa N. Johnson (Myrtle Beach)
2nd District, Seat 3 James R. Courie (Columbia)
2nd District, Seat 3 Thomas C. Griffin, Jr. (Columbia)
3rd District, Seat 5 Carolyn B. Shortt (Laurens)
3rd District, Seat 5 Jody Lipford (Laurens)
4th District, Seat 7 H. Randall Dozier (Greenville)
4th District, Seat 7 Marian E. Strobel (Greer)
5th District, Seat 9 W. C. Stanton (Cheraw)
5th District, Seat 9 M. David Shaw (Sumter)
6th District, Seat 11 Peter D. Hyman (Florence)
6th District, Seat 11 Ralph U. Davis (Darlington)
at-large, Seat 13 Dianne Herrington (Marion)
at-large, Seat 13 Alfred H. Agnew (Mullins)
at-large, Seat 13 Robert E. Lee (Florence)
at-large, Seat 15 Allard A. Allston (Florence)
at-large, Seat 15 Laura Crawford (Florence)
at-large, Seat 15 Kenneth Jackson (Florence)
Lander University (8 seats)
1st District, Seat 1 Darlene N. Hyman (Surfside Beach)
2nd District, Seat 3 Maurice Holloway (West Columbia)
3rd District, Seat 5 William G. Stevens (Greenwood)
4th District, Seat 7 Martha S. Whitener (Union)
5th District, Seat 9 Glenn J. Lawhon, Jr. (Hartsville)
6th District, Seat 11 Morgan B. Coker (Florence)
at-large, Seat 13 Ray Hunt (Columbia)
at-large, Seat 13 Craig White (Greenwood)
at-large, Seat 15 Bobby M. Bowers (Columbia)
Medical University of South Carolina (6 seats)
1st District, medical profession Donald R. Johnson, II, M.D.
(Mt. Pleasant)
2nd District, medical profession Thomas C. Rowland, Jr., M.D.
(Columbia)
3rd District, medical profession Stanley C. Baker, Jr., M.D.
(Greenwood)
4th District, non-medical Thomas L. Stephenson (Greenville)
4th District, non-medical John P. Edwards (Travelers Rest)
5th District, non-medical Robert C. Lake, Jr. (Belton)
6th District, non-medical Margaret Addison, B.A. (Holly Hill)
South Carolina State (6 seats)
2nd District, Seat 2 Samuel Glover (Columbia)
3rd District, Seat 3 Charles C. Lewis, Sr. (Anderson)
3rd District, Seat 3 Dorothea Taylor (Ridge Spring)
6th District, Seat 6 Eleazer Carter (Columbia)
6th District, Seat 6 Edward C. Keith (Manning)
6th District, Seat 6 Monnique Singleton (Denmark)
6th District, Seat 6 Joan S. McLeod (Pinewood)
6th District, Seat 6 Rose Hilliard-Wilder (Manning)
at-large, Seat 7 Charles H. Williams, II (Orangeburg)
at-large, Seat 7 Martha Scott Smith (Columbia)
at-large, Seat 8 John Skolds (Columbia)
at-large, Seat 8 Charles H. Johnson (Orangeburg)
at-large, Seat 8 Moses E. Brown (Orangeburg)
at-large, Seat 8 Sharon Wigfall (Mt. Pleasant)
at-large, Seat 9 Leroy Mosely, Jr. (Columbia)
University of South Carolina (8 seats)
1st Judicial Circuit Othniel Wienges, Jr. (St. Matthews)
3rd Judicial Circuit Arthur S. Bahnmuller (Sumter)
5th Judicial Circuit William C. Hubbard (Columbia)
7th Judicial Circuit Toney J. Lister (Spartanburg)
9th Judicial Circuit John von Lehe, Jr. (Charleston)
9th Judicial Circuit Edward K. Pritchard (Charleston)
11th Judicial Circuit Michael J. Mungo (Columbia)
12th Judicial Circuit C. Edward Floyd (Florence)
13th Judicial Circuit Mack I. Whittle, Jr. (Greenville)
Wil Lou Gray Opportunity School (1 seat)
at-large Deborah Lynn Ammons (Irmo)
Winthrop University (2 seats)
at-large Robert Gahagan (Blythewood)
Sanita Savage (West Columbia)
E. Thomas Crowson (Rock Hill)
On motion of Rep. STODDARD, the report was ordered printed in the Journal.
The following was received and referred to the appropriate committee for consideration.
Document No. 2281
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-2-10 et seq., 47-20-10 et seq., 44-1-20 et seq., 44-55-50 et seq., and 44-87-10 et seq.
Environmental Protection Fees
Received By Speaker March 27, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date July 25, 1998
(Subject to Sine Die Revision)
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4761 -- Rep. Sharpe: A HOUSE RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES NOT TO SIGN THE KYOTO PROTOCOL OR TO SUBMIT THE SAME FOR RATIFICATION TO THE UNITED STATES SENATE UNLESS THE PROTOCOL IS AMENDED OR OTHERWISE REVISED, CONSISTENT WITH UNITED STATES SENATE RESOLUTION 98, TO INCLUDE SPECIFIC SCHEDULED COMMITMENTS FOR DEVELOPING COUNTRIES TO MITIGATE GREENHOUSE GAS EMISSIONS WITHIN THE SAME COMPLIANCE PERIOD OR PERIODS AS REQUIRED FOR DEVELOPED COUNTRIES, AND TO MEMORIALIZE THE UNITED STATES SENATE TO REJECT ANY PROPOSED PROTOCOL OR OTHER AMENDMENT TO THE 1992 UNITED NATIONS FRAMEWORK CONVENTION ON GLOBAL CLIMATE CHANGE (FCCC) THAT IS INCONSISTENT WITH UNITED STATES SENATE RESOLUTION 98 OR THAT DOES NOT COMPLY FULLY WITH THAT RESOLUTION.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4429 -- Rep. Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 17 BYPASS IN GEORGETOWN COUNTY FROM THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 707 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 BUSINESS SOUTH OF THE VILLAGE OF MURRELLS INLET IN HONOR OF REVEREND LUTHER ALSTON.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4487 -- Rep. Rhoad: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ADOPT HOUSE RESOLUTION 1711, THE SMALL BUSINESS REMEDIATION ACT SPONSORED BY REPRESENTATIVE JOE BARTON OF TEXAS, THAT SEEKS TO ESTABLISH REASONABLE CLEAN-UP STANDARDS FOR POSSIBLE CONTAMINATION ASSOCIATED WITH DRY-CLEANING SITES.
Ordered for consideration tomorrow.
On motion of Rep. KINON, with unanimous consent, the following was taken up for immediate consideration:
H. 4910 -- Rep. Kinon: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE LAKE VIEW HIGH SCHOOL "WILD GATORS" FOOTBALL TEAM OF DILLON COUNTY ON CAPTURING THE 1997 CLASS A STATE FOOTBALL CHAMPIONSHIP AND TO PROVIDE THAT THE TEAM, COACHES, AND SCHOOL OFFICIALS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL, 1, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Whereas, the members of the House of Representatives are proud to have an opportunity to recognize the Lake View High School "Wild Gators" Football Team of Dillon County on their successful 1997 season; and
Whereas, the Lake View High School "Wild Gators" Football Team completed the 1997 season with an outstanding final record of 15-0; and
Whereas, the "Wild Gators" team for 1997 included: Chris Ford, Dwayne Ford, Derrick Ford, Joe Thompson, Travis Vandroff, Kyle Renfrow, Jerry Grice, Nicholas Kelly, James Hayes, Hondre McNeil, Michael McDaniel, Bryan Price, Brandon Henburg, Keith McNeil, Tony Cummings, Tony Reaves, Brandon McCoy, Donald Ford, Bobby McDuffie, Ashley Moody, Brad Page, Wesley Price, Dusty Williams, James Huggins, Parker Page, Michael Gilchrist, Tim Thompson, and Corbett Miller; and
Whereas, Head Coach Jewell McLaurin, along with Assistant Coaches Ken Rogers and Curtis Middleton, are to be commended for their hard work and dedication by guiding the "Wild Gators" through a magnificent season; and
Whereas, the Lake View High School Football Team exhibited outstanding talent, hard work, determination, and unity in the season just completed and is highly deserving of recognition for its accomplishments; and
Whereas, these fine young athletes have brought great pride and recognition not only upon Lake View High School and its loyal and enthusiastic students and supporters, but also to the State of South Carolina as well. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, congratulate the Lake View High School "Wild Gators" Football Team of Dillon County on capturing the 1997 Class A State Football Championship.
Be it further resolved that the team, coaches, and school officials shall be granted the privilege of the floor of the House of Representatives on Wednesday, April 1, 1998, at a time to be determined by the Speaker for the purpose of being recognized and congratulated.
Be it further resolved that a copy of this resolution be presented to Head Coach Jewell McLaurin.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4911 -- Reps. Young and McGee: A BILL TO AMEND CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1375, SO AS TO PROVIDE THAT PERSONS INELIGIBLE TO VOTE OR WHO HAVE BEEN CONVICTED OF CERTAIN CRIMES MAY NOT ENGAGE IN SPECIFIED CAMPAIGN PRACTICES OR SERVE IN SPECIFIED CAPACITIES FOR ANY POLITICAL PARTY, CAMPAIGN, OR CANDIDATE FOR PUBLIC OFFICE, OR IN CONNECTION WITH ANY ISSUE TO BE VOTED ON BY THE QUALIFIED ELECTORATE IN AN ELECTION TO BE HELD IN THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary.
H. 4912 -- Reps. Baxley, Neilson and J. Hines: A BILL TO AMEND ACT 1797 OF 1972, RELATING TO THE HARTSVILLE PARKING, BEAUTIFICATION AND BUSINESS IMPROVEMENT DISTRICT IN DARLINGTON COUNTY, SO AS TO EXPAND THE AREA OF THE DISTRICT.
On motion of Rep. BAXLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4913 -- Rep. Boan: A BILL TO AMEND ARTICLE 1, CHAPTER 111, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATIONAL SCHOLARSHIPS AND LOANS, BY ADDING SECTION 59-111-70 SO AS TO PROVIDE FOR GARNISHMENT OF THE WAGES OF AN INDIVIDUAL WHO DEFAULTS ON A STUDENT LOAN AGREEMENT WITH THE SOUTH CAROLINA STUDENT LOAN CORPORATION OR THE STATE EDUCATION ASSISTANCE AUTHORITY; AND TO AMEND SECTION 59-115-50, RELATING TO POWERS OF THE STATE EDUCATION ASSISTANCE AUTHORITY, SO AS TO PROVIDE FOR GARNISHMENT OF THE WAGES OF ONE WHO DEFAULTS ON A STUDENT LOAN AGREEMENT WITH THE AUTHORITY.
Referred to Committee on Ways and Means.
H. 4914 -- Rep. Boan: A BILL TO AMEND SECTION 41-29-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED DISCLOSURE OF INFORMATION UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PERMIT THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE TO THE SOUTH CAROLINA STATE EDUCATION ASSISTANCE AUTHORITY OR ITS CONTRACTUAL AGENT WITH INFORMATION FROM ITS RECORDS FOR PURPOSES OF THE COLLECTION OF DEFAULTED STUDENT LOANS.
Referred to Committee on Education and Public Works.
H. 4915 -- Rep. Boan: A BILL TO AMEND SECTION 12-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT WHICH ALLOWS THE DEPARTMENT OF REVENUE TO SET OFF TAX REFUNDS AGAINST CERTAIN DEBTS OR DELINQUENT ACCOUNTS, SO AS TO INCLUDE THE SOUTH CAROLINA STUDENT LOAN CORPORATION WITHIN THE DEFINITION OF A "CLAIMANT AGENCY"; AND TO AMEND SECTION 12-56-60, RELATING TO NOTIFICATION TO DEBTORS BY A CLAIMANT AGENCY OF INTENT TO SEEK A SETOFF OF A REFUND, SO AS TO REVISE THE MANNER IN WHICH THE NOTICE MUST BE PROVIDED.
Referred to Committee on Ways and Means.
H. 4916 -- Rep. Boan: A BILL TO AMEND SECTION 4-35-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PUBLIC WORKS IMPROVEMENT ACT, SO AS TO FURTHER DEFINE "IMPROVEMENTS" TO INCLUDE RECREATIONAL AND OTHER FACILITIES FOR PUBLIC USE AND CERTAIN OTHER FACILITIES DESIGNATED AS PUBLIC WORKS OR A SYSTEM OF RELATED PROJECTS ELIGIBLE FOR REVENUE BOND FINANCING, TO EXCLUDE CONSIDERATION OF IMPROVEMENTS FROM "ASSESSMENT" FOR PURPOSES OF THE ACT, AND TO MAKE THE ASSESSMENT PERMANENT ABSENT A PROVISION IN THE IMPROVEMENT PLAN ALLOWING REASSESSMENT UPON LATER SUBDIVISION AND TRANSFER OF REAL PROPERTY; TO AMEND SECTION 4-35-40, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO PROVIDE FOR REVENUE BONDS OF THE COUNTY AS A FINANCING MECHANISM; TO AMEND SECTION 4-35-50, RELATING TO FINDINGS REQUIRED FOR ESTABLISHMENT OF AN IMPROVEMENT DISTRICT, SO AS TO INCLUDE AN ALTERNATIVE FINDING OF PROMOTION OF PROPERTY DEVELOPMENT AND IMPROVEMENT OF PROPERTY VALUES; AND TO AMEND SECTION 4-35-80, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO INCLUDE REVENUE BONDS OF THE COUNTY AND TO PROVIDE THAT ASSESSMENTS CONSTITUTE REVENUES OF THE SYSTEM FOR PURPOSES OF CHAPTER 21, TITLE 6, THE REVENUE BOND ACT FOR UTILITIES.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4917 -- Reps. McMahand, Vaughn, Tripp, Leach, Haskins, Wilkins, Hamilton, Cato and F. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 291 AND U.S. 25 SOUTH IN GREENVILLE COUNTY THE "DR. MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Campsen Canty Carnell Cato Cave Chellis Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Fleming Gamble Gourdine Hamilton Harrell Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Maddox Martin Mason McAbee McGee McKay McLeod McMahand Meacham Miller Neilson Phillips Quinn Rhoad Rice Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, March 31.
John G. Felder E. DeWitt McCraw William Clyburn C. Alex Harvin III James N. Law John W. Riser Clementa C. Pinckney Jackson S. Whipper Tracy Edge Joe McMaster Fletcher Nathaniel Smith, Jr. C. Anthony Harris, Jr. Timothy C. Wilkes David James Mack III Joseph H. Neal G. Ralph Davenport, Jr. Douglas Jennings, Jr. Jerry N. Govan, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence due to illness.
The SPEAKER granted Rep. MULLEN a leave of absence due to illness in the family.
The SPEAKER granted Rep. SEITHEL a temporary leave of absence.
Announcement was made that Dr. Ted Watson of Greenville is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3652
DATE REMOVE:
3/31/98 Michael E. Easterday
3/31/98 Glenn Lewis Hamilton
Bill Number: H. 4718
DATE REMOVE:
3/31/98 W. E. Sandifer III
Bill Number: H. 4830
DATE ADD:
3/31/98 H. B. Limehouse III
Bill Number: H. 4278
DATE ADD:
3/31/98 James G. McGee III
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4865 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO EVALUATION OF TEACHERS EMPLOYED UNDER PROVISIONAL CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2224, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
Rep. KELLEY moved to adjourn debate upon the following Bill until Monday, April 27, which was adopted.
H. 4645 -- Reps. Klauber, Young, Jennings, Scott, Mullen, Beck, Maddox, Miller and Hawkins: A BILL TO AMEND SECTION 61-6-1500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL ALCOHOLIC LIQUOR DEALERS, SO AS TO REVISE THE SIZE OF CONTAINERS CONTAINING ALCOHOLIC LIQUORS WHICH A RETAIL DEALER IS PERMITTED TO OWN OR KEEP IN HIS POSSESSION.
The following Bill was taken up.
H. 4737 -- Reps. Bailey and Walker: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
Rep. BAILEY explained the Bill and moved to adjourn debate upon the Bill until Wednesday, April 1, which was adopted.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 772 -- Senators Holland, Bryan and Courson: A BILL TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE THAT IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN, THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSOLETE REFERENCES.
Rep. YOUNG explained the Bill.
H. 4896 -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PERIOD FROM APRIL 30, 1998, UNTIL JANUARY 15, 1999, THE SEASON IS CLOSED FOR THE TAKING OF SHAD ON THE EDISTO RIVER FROM THE U.S. HIGHWAY 17 BRIDGE TO THE HEADWATERS OF THE EDISTO RIVER.
Rep. RHOAD explained the Joint Resolution.
The following Bill was taken up.
H. 3533 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-25 SO AS TO PROVIDE THAT ACTS, RESOLUTIONS, OR LAWS OF THIS STATE ENACTED BY THE GENERAL ASSEMBLY ARE AFFORDED A PRESUMPTION OF LEGALITY AND CONSTITUTIONALITY, TO PROVIDE FOR THE BURDEN OF PROOF A PLAINTIFF MUST MEET IN SEEKING TO OVERTURN AN ACT, RESOLUTION, OR LAW OF THIS STATE, AND TO PROVIDE THAT THE ATTORNEY GENERAL, UPON CONCLUSION OF SUCH AN ACTION, PROMPTLY SHALL NOTIFY CERTAIN OFFICERS OF THE GENERAL ASSEMBLY IF A COURT DECLARES AN ACT, RESOLUTION, OR LAW UNCONSTITUTIONAL, INVALID, OR WITHOUT FORCE AND EFFECT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21371SD.98).
Amend the bill, as and if amended, by striking Section 2-7-25(C) of the 1976 Code, as contained in SECTION 1, beginning on line 39, page 1, and inserting:
/(C) In any proceeding before a court of this State when a party seeks to overturn, overrule, void, or strike down an act, resolution, or law of this State in whole or in part, the court shall apply a standard of proof in favorum leges. In order to prevail, the party seeking such relief is required to prove beyond a reasonable doubt, both as to the totality of the evidence and as to all the parts of the evidence, that the act, resolution, or law is unconstitutional, invalid, inapplicable, or otherwise without force and effect./
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG explained the amendment.
Reps. SCOTT, J. SMITH, INABINETT, LLOYD, PINCKNEY, KENNEDY, F. SMITH, LEACH, BREELAND, R. SMITH and BYRD requested debate on the Bill.
The following Bill was taken up.
S. 332 -- Senator Hayes: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22036CM.98), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered section:
/SECTION ____. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-240. Notwithstanding any other provision contained in this article, the following persons who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State, when carrying out the duties of their office:
(1) active Supreme Court justices;
(2) active judges of the Court of Appeals;
(3) active circuit court judges;
(4) active family court judges;
(5) active masters-in-equity;
(6) active probate court judges;
(7) active magistrates;
(8) active municipal court judges;
(9) active federal judges;
(10) active administrative law judges; and
(11) active solicitors and assistant solicitors."/
Renumber sections to conform.
Amend title to conform.
Rep. KNOTTS explained the amendment.
The amendment was then adopted.
Rep. KNOTTS explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. SMITH moved to adjourn debate upon the following Bill until Wednesday, April 1, which was adopted.
H. 3888 -- Reps. J. Smith, J. Hines, Hodges, Martin, Maddox, Miller, Byrd, Battle, Bauer, Parks and Lloyd: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO ALSO MAKE IT UNLAWFUL TO SUPPLY ROLLING PAPER AND TO MAKE IT UNLAWFUL FOR A MINOR UNDER THE AGE OF EIGHTEEN TO POSSESS SAME.
The following Bill was taken up.
S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21374SD.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-8-100. This chapter is known and may be cited as the 'South Carolina Performance and Accountability Standards for Schools (PASS) Act'.
Section 59-8-110. The General Assembly finds that South Carolinians have a commitment to public education and a conviction that high expectations for all students are vital components for improving academic achievement. It is the purpose of the General Assembly in this chapter to create a system of accountability for public education which focuses on equipping students with a strong academic foundation by emphasizing teaching and learning. Accountability is defined by this chapter to mean acceptance of the responsibility of improving student performance by the Governor, the General Assembly, the State Department of Education, colleges and universities, local school boards, administrators, teachers, parents, students, and the community to ensure that students are equipped with a strong academic foundation.
Section 59-8-120. The South Carolina Performance and Accountability Standards for Schools Act shall:
(1) use academic achievement standards to push schools and students toward higher performance;
(2) align state assessment to the academic achievement standards;
(3) develop a performance indicator system that is logical, reasonable, fair, challenging, and technically defensible;
(4) report useful information about what is happening in schools;
(5) seek to strengthen classrooms in order to improve schools;
(6) provide resources to strengthen the process of teaching and learning in the classroom to improve student performance and reduce gaps in performance; and
(7) support professional development as integral to improvement, to the actual work of teachers and school staff.
Section 59-8-130. As used in this chapter:
(1) 'Commission' means the Performance and Accountability Standards for Schools Commission as established in Section 59-8-300.
(2) 'Standards based assessment' means an assessment where an individual's performance is compared to specific performance standards and not to the performance of other students.
(3) 'Disaggregated data' means data broken out for specific groups within the total student population, such as by race, gender, and family income level.
(4) 'Longitudinally matched student data' means examining the performance of a single student or a group of students by considering their test scores over time.
(5) 'Norm-referenced assessment' means assessments designed to compare student performance to a nationally representative sample of similar students known as the norm group.
(6) 'Academic achievement standards' means statements of expectations for student learning.
(7) 'Department' means the State Department of Education.
(8) 'Absolute grade' means the grade a school will receive based on the percentage of students meeting standard on the state's standards based assessment.
(9) 'Improvement grade' means the grade a school will receive based on longitudinally matched student data comparing current performance to the previous year's for the purpose of determining student academic growth.
(10) 'Office of Research and Development' means the special unit within the commission established in Section 59-8-320.
Section 59-8-300. (A) In order to provide oversight for the implementation, monitoring, and evaluation of this chapter and the Education Improvement Act of 1984, there is created the Performance and Accountability Standards for Schools (PASS) Commission. The commission shall:
(1) provide oversight of implementation and evaluation of this chapter;
(2) make recommendations for amendments or repeal of any part of this chapter;
(3) report annually to the Governor, the General Assembly, State Board of Education, and the public on the progress of this chapter;
(4) make program or policy recommendations to state agencies and other entities as it considers necessary.
(B) The PASS Commission also shall:
(1) review and monitor Education Improvement Act (EIA) programs and their funding;
(2) report as needed to the General Assembly on the progress of any programs effecting the accountability system;
(3) recommend EIA and other program changes to state agencies and other entities as it considers necessary.
Section 59-8-310. (A) The membership of the commission shall consist of fifteen members as follows:
(1) two nonlegislative at-large members appointed by the Governor;
(2) two members of the Senate appointed by the President Pro Tempore of the Senate;
(3) two members of the House of Representatives appointed by the Speaker of the House of Representatives;
(4) four nonlegislative members representing the business and industry community with the Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate, and State Superintendent of Education each making one such appointment. The business appointees must have experience in business, management, or policy and a knowledge of public education;
(5) four nonlegislative members representing the public education community with the Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate, and State Superintendent of Education each making one such appointment;
(6) one member shall represent the Council of College Presidents and the Independent Colleges and Universities, Inc. and shall be appointed by the Governor upon the recommendation of the chairmen thereof. This position on the commission shall be rotated every four years between the two above entities;
(7) The members appointed pursuant to items (2) and (3) may serve notwithstanding the provisions of Section 8-13-770. Their terms of office on the commission must be coterminous with their terms of office as members of the General Assembly.
(B) The terms of office of the members of the PASS Commission, except for the legislative members, are four years and until their successors are appointed and qualify except of those first appointed the terms must be staggered as follows:
(1) initial terms of two years shall be served by the two members of the business and industry community and the two members of the education community appointed by the Governor and the State Superintendent of Education, respectively;
(2) initial terms of three years shall be served by the at-large members appointed by the Governor; and
(3) all other voting members shall serve initial four year terms.
(C) The following shall serve as ex officio, nonvoting members of the commission:
(1) State Superintendent of Education or his designee;
(2) Chairman of the State Board of Education or his designee;
(3) Chairman of the Commission on Higher Education or his designee.
(D) Initial appointments must be made by July 31, 1998, at which time the Governor or his designee shall call the first meeting. At the initial meeting, a chairman shall be elected by a majority vote of the members attending with quorum present. A quorum is defined as having a majority of the number of voting members present. The term of chairman shall be two years. At the end of each two-year term, an election must be held for the chairmanship by majority vote of the members attending with quorum present as defined above. No member shall serve more than four consecutive years as chairman. Other officers as considered necessary also may be elected by the commission.
Section 59-8-320. A special unit to be known as the Office of Research and Development shall be established within the commission. The office's responsibilities shall include planning, monitoring, reviewing, and evaluating all aspects of this chapter and the EIA and providing staff support to the commission. The Office of Research and Development shall provide information, recommendations, and assessment of this chapter to the commission.
Section 59-8-330. The commission shall employ an executive director for the Office of Research and Development. Selection of the executive director shall be made upon approval by a majority of the membership of the PASS Commission. No member of the General Assembly nor anyone else who has been a member of the commission within the past year may be employed as executive director. The executive director shall have the authority, with the approval of the commission, to employ and dismiss professional and support staff as necessary to carry out the duties of the office.
Section 59-8-340. The Office of Research and Development shall examine the public education system to ensure that the system and its components are functioning so that student learning is enhanced and shall recommend the repeal or modification of laws, policies, and rules or regulations that deter school improvement. The responsibilities and duties of the Office of Research and Development are:
(1) to monitor and evaluate the implementation of the State standards and assessment;
(2) to oversee the development, establishment, implementation and maintenance of the accountability system;
(3) to evaluate the accountability system and its various parts and programs and report annually its findings and recommendations in a report to the commission no later than February first of each year;
(4) to monitor and evaluate the functioning of the public education system and its components, programs, policies, and practices as they relate to this chapter and to submit reports containing its findings and recommendations, as needed, to the PASS Commission;and
(5) to perform other studies and reviews as required by law.
Section 59-8-350. The responsibilities of this Office of Research and Development may not include fiscal audit functions or funding recommendations except as they relate to accountability.
Section 59-8-360. In the performance of its duties and responsibilities, the Office of Research and Development and staff members are subject to the provisions of law and penalties regarding confidentiality of records as they apply to students, schools, school districts, the Department of Education, and the Board of Education.
Section 59-8-370. The State Department of Education, the State Board of Education, and the school districts and schools shall work collaboratively with the Office of Research and Development to provide information needed to carry out the responsibilities and duties of its office. The Office of Research and Development may call on the expertise of the state institutions of higher learning and any other public agencies for carrying out its functions and may coordinate and consult with existing agency and legislative staff.
Section 59-8-500. The State Board of Education is directed to adopt specific performance-oriented state education standards in the core academic areas of mathematics, English/language arts, science, and social studies (history, government, economics, and geography) for kindergarten through twelfth grade whose elements promote the goals of providing every student with the competencies to:
(1) read, view, and listen to complex information in the English language;
(2) write and speak effectively in the English language;
(3) solve problems by applying mathematics;
(4) conduct research and communicate findings;
(5) understand and apply scientific concepts;
(6) obtain a working knowledge of world, United States, and South Carolina history, government, economics, and geography; and
(7) use information to make decisions.
These standards must have depth so that students are encouraged to learn at unprecedented levels and must be reflective of the highest level of academic skills at each grade level. The purpose of these standards are to guide classroom instruction and to prepare students for state, national, and international assessments.
Section 59-8-510. The commission shall provide for a cyclical review by academic area of the state standards to ensure that the standards are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005. The review with recommended revisions must be provided to the State Board of Education.
Section 59-8-520. (A) Notwithstanding any other provision of law, the State Board of Education, through the Department of Education, is directed to develop, select, or adapt an objective and reliable statewide assessment program for grades two through eight, objective and reliable end of course tests for gateway courses in English/language arts, mathematics, science, and social studies for grades nine through twelve, and an objective and reliable exit exam as referenced in Section 59-30-10(f) designed to measure student performance on state standards and which shall:
(1) identify areas in which students need additional support;
(2) indicate the academic achievement for schools, districts, state; and
(3) satisfy federal reporting requirements.
Regular testing in the subject areas of science, mathematics, English/language arts, and social studies, is not to be construed as lessening the importance of foreign languages, visual and performing arts, health, physical education, and career/occupational programs.
(B) The standards based assessment must be administered to all public school students as defined by the 1997 reauthorization of the Federal Individuals with Disabilities Education Act and Title 1 at the end of grades two through eight, end of course tests for grades nine through twelve, and the exit examination must be administered for the first time at the end of grade ten. These assessments must be administered as late as possible in the school year but early enough to allow preliminary assessment data to be received by the schools annually no later than May fifteenth of each year. The State Board of Education shall establish a composite performance standard for each test administered.
Section 59-8-525. Any new standards required to be developed and adopted by the State Board of Education, through the Department of Education, must be developed and adopted upon the advice and consent of the PASS Commission.
Section 59-8-530. The Department of Education is directed to provide longitudinally matched student data from the standards based assessments and disaggregated state assessment data to the schools and districts of the State. This data must be provided to the schools and districts annually and be sufficient to inform teachers fully of student performance and differences in performance among various subgroups. Data also must be presented in such a format that parents understand both school and individual student performance. Schools and districts shall be responsible for disseminating this information to parents.
Section 59-8-540. After the first statewide field test of the assessment, the commission shall review the assessment for alignment with the state standards, difficulty and validity, particularly content validity and high standards, and for its ability to differentiate levels of achievement and shall make recommendations for needed changes, if any, to the assessment system. The review must be provided to the State Board of Education, State Department of Education, the Governor, the Senate, and House of Representatives. The Department of Education then shall report to the commission and these committees the changes made based on the recommendations to the assessment system.
Section 59-8-550. The State Board of Education, through the State Department of Education, shall develop, select, or adapt a first grade readiness test which is linked to the adopted grade one academic standards and a second grade readiness test which is linked to the adopted grade two academic standards. The first administration of this test must occur no later than 2000-2001 school year. The results of these tests may not be used to determine the absolute or improvement grade for a school.
Section 59-8-560. The State Board of Education, through the commission, is directed to select a norm referenced test to provide comparisons of South Carolina students' achievement in relation to other students in the United States and around the world. The test must be administered to a statistically valid random sample of students in at least five grades from grades 2 through 12 to give an accurate portrayal of student achievement in relation to other states. The commission shall determine an appropriate sampling plan for the norm referenced test that must be administered beginning in the 1998-99 school year. Student performance data from national and international assessments, as available and as defined by the commission, must be used to monitor the rigor of the state standards.
Section 59-8-570. High schools shall offer state-funded PSAT or PLAN tests to each tenth grade student in order to assess and identify curricular areas that need to be strengthened and re-enforced. Schools and districts shall use these assessments as diagnostic tools to provide academic assistance to students whose scores reflect the need for such assistance. Schools and districts shall use these assessments to provide guidance and direction for parents and students as they plan for postsecondary experiences.
Section 59-8-580. Beginning in the 1999-2000 school year, any student in grades two through eight who fails to meet the composite performance standard established by the State Board of Education on the state assessment must be retained in his current grade or may be provided academically based options for promotion to the next grade upon appeal to the local district board of trustees. Options districts may choose from must be established by the commission. However, districts may submit additional options to retention to the commission for approval. All options for the following school year must be submitted by April first of each year. The commission shall rule on submitted options within sixty days.
Section 59-8-700. (A) The commission, working with the State Board of Education, is directed to establish an annual report card and its format for elementary, middle, and high schools and school districts. The annual report card for districts and schools must serve at least four purposes:
(1) to inform parents and the public about the school's status;
(2) to assist in the identification of strengths and weaknesses within a particular school;
(3) to reward schools for high performance; and
(4) to evaluate and focus resources on schools with low performance.
(B) The report card must describe the educational achievement relative to student performance on academic assessments, include performance indicators which identify areas in which improvement may be desirable or necessary and which lead to increased academic achievement, and contain an annual narrative of the school's progress written by the principal in conjunction with the School Improvement Council. The narrative must cite factors or activities supporting progress and barriers which inhibit progress. The format of the report card must include the state grading scale, the school's numerical score, and the equivalent letter grade. The report card must contain a school's current year numerical score and letter grade as well as the previous four years information as applicable, and must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary incidents, expulsions, dropout ratios, student and teacher ratios, and attendance data. The report card must be mailed to all parents of the school and the school district. The school, in conjunction with the district board, must also inform the community of the school's report card by advertising the results in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline.
Section 59-8-710. The commission shall develop a comprehensive set of school achievement measures and performance indicators to be published in the annual report card and used to analyze schools' performances. Where appropriate, the indicators should yield disaggregated results. The commission shall consider indicators that provide data in such areas as academic achievement; teachers and administrators; teaching and learning; evaluation of the school by the parents, teachers, and students; curriculum; resources; and attendance to include excused and unexcused student absences.
Section 59-8-720. The report card must focus on the academic performance of students in each school by considering information on student progress and meeting academic standards in core subject areas. The student academic performance measures and, where appropriate, other measures, must be given an absolute and improvement grade. The absolute grade must be based on the percentage of students meeting standards on the state assessment as established by the State Board of Education. The improvement grade must be derived from longitudinal matched student data comparing current performance to the previous year's performance for the purpose of determining student academic growth.
Section 59-8-730. The commission, working with the State Board of Education, shall determine the criteria for measuring school and district absolute and improvement performance using the rating scale of 'A' through 'F'. Only the scores of students enrolled in the school at the time of the forty-five day enrollment count shall be used to determine the absolute and improvement grade of the school.
Section 59-8-740. Beginning in 1999, the Department of Education shall issue report cards to elementary schools, middle schools, and districts of the State on absolute performance measures and indicators no later than November fifteenth. Beginning in 2000, and annually thereafter, the Department of Education shall issue report cards to elementary schools, middle schools, and districts with both absolute and improvement measures, and indicators. Beginning in 2001, the Department of Education shall issue report cards to high schools of the State on absolute performance measures and indicators no later than November fifteenth. Beginning in 2002, and annually thereafter, the Department of Education shall issue report cards to all schools and districts of the State with absolute measures, improvement measures, and indicators.
Section 59-8-750. If a school receives an 'F' for its absolute grade on its report card for any year, the students at that school may at their option transfer to any other school within the district. If a district has only one elementary, middle, or high school and it received an 'F' for its absolute grade or if all such elementary, middle, or high schools in the district received an 'F', the students at those schools may at their option transfer to a school in an adjoining school district and the adjoining district must accept these students as long as space is available. Applicable state and federal funding per student shall follow the students to the adjoining districts. These students may remain at the school to which they transferred until they finish the highest grade offered at that school.
Section 59-8-900. The board of trustees of each school district shall ensure that a district accountability plan be developed, reviewed, and revised annually for the purpose of guiding district and school staff in improving the academic performance of all students. School districts having accountability plans must review their plans to ensure they reinforce the state accountability system. Parents, teachers, and principals shall be involved in the development, review, and revisions of the district's accountability plan. Accountability plans must be incorporated in school and district strategic plans. The plan must address criteria set forth by the commission to include, but not be limited to, rewards, sanctions, and local support and resources targeted to schools in need of improvement. The department shall offer technical support to any district requesting assistance in the development of an accountability plan. Furthermore, the department must conduct a review of accountability plans as part of the peer review process required in Section 59-139-10(H) to ensure strategies are contained in the plans that shall maximize student learning. The department shall submit plans for the peer review process to the commission for approval. School districts not having an approved plan by August 1, 1999, shall be provided a plan by the department within ninety days.
Section 59-8-910. The State Board of Education shall establish a state Palmetto Gold, Silver, and Bronze Award Program of recognition and reward for schools with high levels of absolute performance and high rates of improvement based on longitudinally matched student data and any other factors promoting or maintaining high levels of achievement and performance. Schools shall be rewarded according to specific criteria established by the commission. No school is eligible for a reward unless the student achievement performance standard is met. The State Board of Education shall promulgate regulations that ensure that the districts of the State utilize these funds to improve or maintain exceptional performance in the schools.
Section 59-8-1100. (A) For those schools which want to improve or because of poor results must improve, transformational actions must be implemented. These actions must be accompanied by targeted long-term technical assistance depending upon the degree of weak school performance.
(B) Any year a school is considered at the 'D' level as defined by the commission, the following actions must occur:
(1) the local board of trustees, in consultation with the superintendent and the school principal, shall review the school's strategic plan to determine if the plan focuses on strategies to increase student academic performance and is being appropriately implemented;
(2) if needed, amendments must be made to the school strategic plan which addresses academic deficiencies, and the district board and superintendent must delineate the support and strategies which the district shall give the plan;
(3) the school, in conjunction with the district board, must inform the parents of children attending the school that the school has not met standards by advertising the results of the report card and the strategies outlined in their improvement plan to improve student performance in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline. The notice must include the following information: name of school district, name of superintendent, district office telephone number, name of school, name of principal, telephone number of school, school's absolute grade and improvement grade on student academic performance, and strategies which must be taken by the district and school to improve student performance; and
(4) technical assistance may be requested from the department in the execution of the strategic plans.
Section 59-8-1110. Any year a school is considered at the 'F' level as defined by the commission, the following actions, in addition to the actions for a 'D' level, must occur:
(1) a caretaker team of an equal number of parents from the district and educators for on-site review and targeted long-term technical assistance shall be appointed by the department to determine the extent to which the instructional program is aligned with the content standards and shall make recommendations which draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics. The caretaker team may also make recommendations concerning the continuation of employment of the school's administration, faculty, and staff. The commission in consultation with the State Department of Education shall develop the criteria for the identification of persons to serve as members of a caretaker team; the parent members of the caretaker team must be appointed pursuant to recommendations of the district's School Improvement Council so that a cross-section of each district is represented on the team;
(2) teachers may apply to be considered for selection by the department to provide support in linking research-based best practices to the classroom. Schools may hire teachers receiving incentive funding as defined in Section 59-8-1310 at a rate of one teacher for each grade level with a maximum of five. These teachers shall be hired under three-year teaching and teacher-mentoring contracts for extended work in school improvement. However, an annual review of school-wide assessment results must indicate a level of improvement as defined within the contract that warrants continuation of the contract. In order to attract a pool of qualified applicants, the commission, in consultation with the State Department of Education shall develop the criteria for the identification of teachers with a history of exemplary student academic achievement for the state-funded incentive program. In addition to teaching duties, these teachers must work with individual members of faculties in assigned schools emphasizing needed changes in classroom instructional strategies based upon analyses of assessment data; support teachers in acquiring new skills designed to increase academic performance; participate as a member of the caretaker team; and mentor teachers throughout the contract term;
(3) intensive professional development for the purpose of assisting teachers and principals in implementing the strategies defined by the caretaker team must be provided; and
(4) upon a review of the recommendations made by the caretaker team, the department shall delineate the activities, support, services, and technical assistance it will provide to the school.
Section 59-8-1300. In order to attract a pool of qualified applicants to work in low-performing schools, the commission, in consultation with the Leadership Academy of the South Carolina Department of Education shall develop criteria for the identification of principals with a history of exemplary student academic achievement for the state-funded incentive program. Local school districts may hire principals, who have agreed to participate, from this pool to fill existing vacancies for three-year leadership contracts in order to link research-based best practices to the school and classroom and to accelerate student achievement gains. However, an annual review of school-wide assessment results must indicate a level of improvement as defined within the contract that warrants continuation of the contract. These principals shall be identified by the Leadership Academy in consultation with the commission. These principals must work with individual members of faculties in assigned schools emphasizing needed changes in classroom instructional strategies based upon analyses of assessment data; support teachers in acquiring new skills designed to increase academic performance; participate as a member of the caretaker team; and provide intense monitoring of instruction throughout the contract term.
Section 59-8-1310. In order to effectively recruit teachers and principals with a history of exemplary student academic achievement results an annual financial incentive wage must be offered. Teachers shall be eligible for a state-funded incentive wage equal to fifty percent of the current southeastern average teacher salary as projected by the State Budget and Control Board, Office of Research and Analysis. Principals shall be eligible to receive an incentive wage which must equal 1.264 times the teacher incentive wage. This incentive wage must be paid by the State to principals and teachers who are selected and placed in low performing schools in addition to their regular salary which must be paid by the district. This incentive wage must be paid only for the time placed at the designated low performing school. This incentive wage must not be considered part of the regular salary base for which retirement contributions are deductible by the South Carolina Retirement System pursuant to Section 9-1-1020. Principals and teachers who are selected and placed in low performing schools as defined in Article 11 and Section 59-8-1300 shall be allowed to return to employment with their previous district at the end of the contract period with the same teaching or administrative contract status as when he left, but without assurance as to the school or supplemental position to which he may be assigned.
Section 59-8-1320. The commission shall provide for a comprehensive review of state and local professional development to include principal leadership development and teacher staff development. The review must provide an analysis of training to include what professional development is offered, how it is offered, the support given to implement skills acquired from professional development, and how the professional development enhances the academic goals outlined in district and school strategic plans.
Section 59-8-1330. A subcommittee of the commission comprised of representatives of the business and industry and education appointees shall explore alternatives for the development of an on-going public relations campaign to elicit support for the highest levels of student achievement including how state agencies should incorporate awareness of public education issues and opportunities for involvement into current public relations campaigns. The plan may integrate multiple media and communication efforts in addressing the value of education, interpretation, and use of the accountability system's report card, and a showcase of proven effective practices. The subcommittee shall issue a report of the plan to the commission, the Governor, the Senate, and the House of Representatives by July 1, 1999."
SECTION 2. Chapter 6 of Tittle 59 of the 1976 Code is repealed.
SECTION 3. The General Assembly shall establish a public school assistance fund as a separate fund within the state general fund for the purpose of providing financial support to assist poorly performing schools. The fund may consist of grants, gifts, and donations from any public or private source or monies that may be appropriated by the General Assembly for this purpose. Income from the fund shall be retained in the fund. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The State Board of Education, in consultation with the Commission, shall administer and authorize any disbursements from the fund. The State Board of Education shall promulgate regulations to implement the provisions of this section.
SECTION 4. The 1976 Code is amended by adding:
"Section 59-24-15. School administrators may be employed on an annual or multi-year contract and shall retain their contract status as a teacher but shall not be granted contract or status as an administrator. Any such administrator who presently is under contract with contract or status as an administrator shall retain that status until the expiration of that contract. Any teacher covered in the provision is subject to employment dismissal provisions of Article 3, Chapter 19 and Article 5, Chapter 25."
SECTION 5. Notwithstanding any provision of law, if a school district has adopted a policy permitting corporal punishment in certain situations, the school district and any employee thereof is immune from any civil or criminal liability as a result of a student of the district being administered corporal punishment in conformity with the district's policy, absent gross negligence or recklessness.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The Senate amendments to the following Bill were taken up for consideration.
H. 4594 -- Reps. Rhoad, Bowers, R. Smith, Koon, Limehouse, Bauer, Bailey, Inabinett, Battle, J. Smith, Witherspoon, Sharpe, Davenport, T. Brown, Law, Webb, McAbee, Wilkes, Lloyd, Neal, Knotts, Edge, Miller, Hamilton, Loftis, Riser, Cave, Barfield, Littlejohn, Dantzler, Harvin, Phillips, Maddox, Hinson, Rodgers, Baxley, Leach, Cromer, Jennings and Neilson: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF BREAM ON THE EDISTO RIVER ON CERTAIN SET HOOKS.
Rep. WITHERSPOON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, 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.
The Senate amendments to the following Bill were taken up for consideration.
H. 4346 -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
Rep. STUART explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 3619 -- Rep. Wilkes: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE MURRAY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, SO AS TO MAKE SUCH PROVISIONS APPLICABLE TO LAKE WATEREE.
Rep. WILKES explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, 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.
Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4918 -- Reps. Young, Koon Spearman, G. Brown, Rodgers, Barfield, F. Smith, Kelley, Altman, Limehouse, Easterday, Delleney, Woodrum, Haskins, R. Smith, Leach, Stoddard, Edge, Cromer, Gamble, Hamilton, Fleming, Tripp, Vaughn, Keegan, McCraw, M. Hines, Barrett, Beck, Battle, McGee, Bauer, McKay, Dantzler, Witherspoon, Davenport, Clyburn, Wilder, McLeod, Hawkins, Loftis, Lanford, Stuart, Simrill, Neilson, McMahand, Littlejohn and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-115 SO AS TO PROVIDE THAT THE CHIEF LAW ENFORCEMENT OFFICER OR ANOTHER PERSON RESPONSIBLE FOR PROVIDING A BACKGROUND CHECK OF A PERSON PURCHASING A FIREARM IS NOT LIABLE FOR FAILURE TO PREVENT THE SALE OR TRANSFER OF A FIREARM TO A PERSON WHO MAY NOT LEGALLY POSSESS A FIREARM OR FOR PREVENTING THE SALE OR TRANSFER OF A FIREARM TO A PERSON WHO MAY LAWFULLY RECEIVE OR POSSESS A FIREARM; BY ADDING SECTION 23-31-117 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION (SLED) IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS CONCERNING THE SALE AND PURCHASE OF CERTAIN FIREARMS; TO AMEND SECTION 16-8-10, RELATING TO DEFINITIONS OF OFFENSES THAT PROMOTE CIVIL DISORDER, SO AS TO REVISE THE DEFINITION OF "FIREARM"; TO AMEND SECTION 16-23-30, RELATING TO THE UNLAWFUL SALE OR DELIVERY OF A PISTOL TO AND POSSESSION BY CERTAIN PERSONS, SO AS TO SUBSTITUTE "FIREARM" FOR "PISTOL", TO DELETE THE PROVISIONS THAT SPECIFY WHO MAY NOT PURCHASE, ACCEPT, LEASE, RENT, BARTER, EXCHANGE, OR RECEIVE A PISTOL, AND TO PROVIDE WHO MAY NOT PURCHASE, ACCEPT, LEASE, RENT, BARTER, EXCHANGE, OR RECEIVE A FIREARM; TO AMEND SECTION 23-31-110, RELATING TO DEFINITIONS REGARDING THE REGULATION OF PISTOLS, SO AS TO SUBSTITUTE "HANDGUN" FOR "PISTOL", AND TO PROVIDE DEFINITIONS FOR "SHOTGUN", "RIFLE", "BUSINESS DAYS", "CHIEF LAW ENFORCEMENT OFFICER", "DIN", AND "STATE TRANSACTION FORM", TO DELETE THE DEFINITION OF THE TERM "CRIME OF VIOLENCE", AND TO REVISE THE DEFINITIONS OF CERTAIN OTHER TERMS; TO AMEND SECTION 23-31-130, RELATING TO THE LICENSING OF RETAIL PISTOL DEALERS, SO AS TO SUBSTITUTE "FIREARM" FOR "PISTOL" AND TO PROVIDE THAT A RETAIL FIREARMS DEALER MUST POSSESS A FIREARMS DEALER LICENSE; TO AMEND SECTION 23-31-140, AS AMENDED, RELATING TO THE APPLICATION TO BE COMPLETED BEFORE PURCHASING A PISTOL AND RESTRICTIONS ON PURCHASING A PISTOL, SO AS TO REVISE THIS PROVISION BY SUBSTITUTING "PISTOL" FOR "HANDGUN", AND PROVIDE A PROCEDURE FOR A PERSON TO APPLY FOR PERMISSION TO PURCHASE A FIREARM AND PROVIDE RESTRICTIONS ON THE PURCHASE OF CERTAIN FIREARMS; TO AMEND SECTION 23-31-150, RELATING TO THE ISSUANCE, DURATION, AND FORFEITURE OF A RETAIL LICENSE TO SELL PISTOLS, SO AS TO SUBSTITUTE "FIREARM" FOR "PISTOL" AND TO PROVIDE FOR THE ISSUANCE, DURATION, AND FORFEITURE OF A FIREARMS DEALER LICENSE; AND TO AMEND SECTION 40-39-40, AS AMENDED, RELATING TO FEES, COSTS, OR ASSESSMENTS A PAWN BROKER MAY NOT CHARGE, SO AS TO PROVIDE THAT A PAWNBROKER SHALL COLLECT FEES ESTABLISHED BY SLED FOR CONDUCTING BACKGROUND CHECKS FOR FIREARM SALES, DELIVERIES, OR TRANSFERS.
Referred to Committee on Judiciary.
The following was introduced:
H. 4919 -- Reps. Whatley, Harrell, Altman, Limehouse, Campsen, Seithel, Breeland, Mack, Whipper, Chellis, Dantzler, Inabinett, Allison, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Canty, Carnell, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Littlejohn, Lloyd, Loftis, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. ROBERT O. PARRY OF CHARLESTON UPON THE OCCASION OF THEIR SEVENTIETH WEDDING ANNIVERSARY ON APRIL 29, 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4920 -- Rep. T. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE COACH MIKE JOHNSON OF GEORGETOWN HIGH SCHOOL ON THE OCCASION OF HIS FIVE HUNDREDTH CAREER BASEBALL WIN AND TO EXPRESS APPRECIATION FOR HIS TWENTY-EIGHT YEARS OF CONTRIBUTION TO THE GROWTH AND MATURITY OF HUNDREDS OF YOUNG PEOPLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4921 -- Rep. T. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE COACH JERRY HARWELL AND THE HEMINGWAY HIGH SCHOOL TIGERS FOR THEIR AA STATE BASKETBALL CHAMPIONSHIP AND TO EXPRESS THE PRIDE OF THIS STATE IN THEIR OUTSTANDING ATHLETIC ACHIEVEMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. HARRELL.
Rep. H. BROWN moved to adjourn debate upon the following Joint Resolution until Wednesday, April 1, which was adopted.
H. 4846 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6, SO AS TO REQUIRE ALL PERSONAL PROPERTY TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 1998 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY, INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS, TO PROVIDE THE PROPERTY TAX YEAR WHEN THIS SEPARATE LEVY FIRST APPLIES, TO REQUIRE THE 1998 MILLAGE RATE TO BE ADJUSTED ANNUALLY SO THAT REVENUE RAISED BY THE TAX ON PERSONAL PROPERTY DOES NOT EXCEED THE REVENUE RAISED BY THE 1998 MILLAGE RATE, AND TO MAKE A CONFORMING AMENDMENT.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Wednesday, April 1, which was adopted.
H. 4847 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-460 SO AS TO PROVIDE FOR A PHASED-IN EXEMPTION FOR THE PROPERTY TAX ON PERSONAL PROPERTY BEGINNING WITH THE MILLAGE IMPOSED ON MOTOR VEHICLES FOR SCHOOL OPERATING PURPOSES EXTENDING OVER TIME TO ALL PROPERTY TAXES ON ALL PERSONAL PROPERTY, TO ESTABLISH THE MOTOR VEHICLE AND PERSONAL PROPERTY TAX RELIEF TRUST FUND AND REQUIRE A CUMULATIVE FIFTEEN PERCENT OF RECURRING GENERAL FUND REVENUE GROWTH TO BE CREDITED TO THE FUND TO REIMBURSE LOCAL TAXING ENTITIES FOR PERSONAL PROPERTY TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION PROVIDED BY THIS SECTION, TO REQUIRE LOCAL TAXING ENTITIES TO ADJUST MILLAGE IMPOSED ON PERSONAL PROPERTY ANNUALLY SO THAT THE AMOUNT RAISED BY THE MILLAGE AND THE REIMBURSEMENT IN TOTAL DO NOT EXCEED 1998 TAX YEAR PERSONAL PROPERTY TAX REVENUES, TO PRESCRIBE THE ORDER OF THE VARIOUS TAX LIABILITIES TO WHICH THE EXEMPTION APPLIES, TO PROVIDE FOR REIMBURSEMENTS TO LOCAL TAXING ENTITIES WHEN ALL PERSONAL PROPERTY IS WHOLLY EXEMPT FROM PROPERTY TAX, TO PROVIDE THAT PROPERTY EXEMPTED FROM PROPERTY TAX BY THIS SECTION NEVERTHELESS IS CONSIDERED TAXABLE PROPERTY AT ITS 1998 ASSESSED VALUE FOR PURPOSES OF BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, AND TO PROVIDE APPROPRIATE DEFINITIONS.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, April 1, which was adopted.
H. 3453 -- Reps. McMahand, F. Smith, Meacham, Knotts, Neal, Mack, Maddox, Stille, Haskins, Young-Brickell, Parks, Gourdine, Moody-Lawrence and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-243 SO AS TO REQUIRE SCHOOL DISTRICTS TO DEVELOP ALTERNATIVE SCHOOLS AND TO REQUIRE A CHILD EXPELLED FOR MORE THAN ONE WEEK TO BE PLACED IN A PRIVATE OR ALTERNATIVE SCHOOL.
The following Bill was taken up.
H. 3652 -- Reps. Beck, J. Hines, Seithel, Neilson, Cato, Mason, Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw, Keegan, Spearman, Breeland, Kelley, Edge, Miller, Witherspoon, Boan, Harrell, Mack, Hawkins, Battle and Jennings: A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL, SO AS TO REVISE THE PROVISIONS PERTAINING TO PAINTING, LETTERING, AND USE OF STOP ARMS AND WARNING LIGHTS ON THESE VEHICLES OWNED AND OPERATED OR UNDER CONTRACT.
The Committee on Education and Public Works proposed the following Amendment No. 1A (Doc Name P:\AMEND\GGS\22038CM.98).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 59-67-30 of the 1976 Code is amended to read:
"Section 59-67-30. (A) Every State-owned school bus while being used in the transportation of school pupils shall be substantially painted with high visibility yellow paint, conforming and similar to National School Bus chrome yellow, and shall display the following markings:
(1) Sides - the words 'SOUTH CAROLINA PUBLIC SCHOOLS' in not less than four-inch-high letters located directly under the windows of state-owned or operated school buses.
(2) Back - The words 'SCHOOL BUS' in letters not less than eight inches high located between the warning signal lamps.
(3) Front - The words 'SCHOOL BUS' in letters not less than eight inches high located between the warning signal lamps.
The State Board of Education is hereby authorized to adopt and to enforce whatever additional regulations regarding the painting and marking of school buses which it considers necessary and proper.
(B) buses not complying with these requirements must be painted a color other than yellow and are not entitled to the privileges and protections of a school bus operating on the highways of this state. These buses are identified as activity school buses and must display a decal beside the front entrance door in a location clearly and plainly visible by a boarding passenger standing on the ground outside the vehicle. The decal must contain four-inch-high black letters that state: pursuant to state law, this bus may not make stops on highways to load or unload passengers. The decal must be approved and issued by the department of public safety when the vehicle's license is issued or renewed. If the vehicle has a government license plate, the decal must be in place by September 1, 1998. The department of public safety shall not charge more than one dollar for each decal."
SECTION 2. Section 56-5-190 of the 1976 Code is amended to read:
"Section 56-5-190. Every motor vehicle that complies with the color and identification requirements set forth in Section 59-67-30 and State Board of Education Regulations and Specifications Pertaining to School Buses which is used to transport children to or from public school or in connection with school activities, but not including buses operated by common carriers not exclusively engaged in the transportation of school students and vehicles having school bus markings temporarily removed or covered, is a 'school bus'."
SECTION 3. The 1976 Code is amended by adding:
"Section 56-5-195. All students transported in a vehicle designed or used to transport more than ten passengers, including the driver, by a school, public or private, must be transported in a school bus as defined in Section 56-5-190, except that any student may also ride on an Activity School Bus as provided in Section 59-67-30 (B). Nothing in this Section applies to any vehicle purchased before July 1, 1998. However, all vehicles purchased before July 1, 1998 must be in full compliance with this Section by July 1, 2000. During this two-year transition period, all vehicles referred to in this Section that are not in compliance must display a decal beside the front entrance door in a location that is clearly and plainly visible by a boarding passenger standing on the ground outside the vehicle. The decal must contain four-inch-high black letters and state: PURSUANT TO STATE LAW, THIS VEHICLE DOES NOT MEET THE SAFETY REQUIREMENTS OF A SCHOOL BUS. The decal must be approved and issued by the Department of Public Safety when the vehicle's license is issued or renewed. If the vehicle has a government license plate, the decal must be in place by September 1, 1998. The Department of Public Safety may not charge more than one dollar per decal."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-5-196. The Department of Transportation shall notify all registered owners of a bus or van used to transport children about the provisions contained in sections 59-67-30 and 56-5-195 when the vehicle's license is issued or renewed."
SECTION 5. This act takes effect upon approval by the Governor, except that Sections 2, 3, and 4 take effect July 1, 1998. /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND moved to adjourn debate upon the Bill.
Rep. KIRSH moved to table the motion.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Baxley Beck Boan Bowers Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Neal Neilson Phillips Quinn Rice Riser Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bauer Cooper Mack Rodgers Whipper
So, the motion to adjourn debate was tabled.
Rep. HASKINS moved to recommit the Bill.
Rep. TOWNSEND moved to table the motion.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barrett Baxley Beck Canty Clyburn Cotty Gourdine Hines, J. Hines, M. Howard Inabinett Jennings Littlejohn Lloyd Maddox Martin Mason McGee McLeod McMahand McMaster Neal Sandifer Scott Smith, J. Smith, R. Stille Stoddard Stuart Townsend Walker Whipper Wilder
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Bauer Bowers Brown, G. Brown, T. Byrd Campsen Carnell Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harris Harrison Harvin Haskins Hinson Jordan Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Leach Limehouse Loftis McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sharpe Sheheen Simrill Smith, D. Spearman Tripp Trotter Vaughn Webb Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the motion to recommit.
The question then recurred to the motion to recommit the Bill, which was agreed to.
Rep. CROMER moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4922 -- Reps. Harrison, Jennings, Altman, Knotts, McMaster and Maddox: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY ASSOCIATED WITH UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE.
Referred to Committee on Judiciary.
H. 4923 -- Reps. Knotts, Altman, G. Brown, Haskins, Spearman, Wilkes, Law, Bauer, Wilkins, Koon, Cato, Maddox, Jennings, Kinon, Harrison, D. Smith, Young and Riser: A BILL TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE COMMISSION ON CONSUMER AFFAIRS ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS AND THE OFFICE OF THE ADMINISTRATOR OF CONSUMER AFFAIRS TO THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA CONSUMER PROTECTION CODE"; TO AMEND PART 5, CHAPTER 6, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT AND COMMISSION ON CONSUMER AFFAIRS, SO AS TO MAKE THE SECRETARY OF STATE THE POLICYMAKING AND GOVERNING AUTHORITY OF THE DEPARTMENT AND CHAIRMAN OF COMMISSION, MAKE THE COMMISSION ADVISORY TO THE SECRETARY OF STATE, PROVIDE THAT THE COMMISSION SHALL MEET QUARTERLY INSTEAD OF MONTHLY, AND DELETE THE PROVISION WHICH REQUIRES THE DEPUTY ADMINISTRATOR AND OTHER EMPLOYEES TO SERVE AT THE PLEASURE OF THE ADMINISTRATOR; AND TO AMEND SECTIONS 37-6-601, 37-6-602, 37-6-603, AND 37-6-604, AS AMENDED, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE CONSUMER ADVOCATE IS APPOINTED WITH THE APPROVAL OF THE SECRETARY OF STATE INSTEAD OF THE COMMISSION ON CONSUMER AFFAIRS.
Referred to Committee on Judiciary.
The following was introduced:
H. 4924 -- Reps. Bauer and J. Smith: A CONCURRENT RESOLUTION CONGRATULATING BOB ANDREWS MOTORS, INC., OF COLUMBIA ON SEVENTY-FIVE YEARS OF OUTSTANDING SERVICE TO THE RESIDENTS OF THE MIDLANDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4925 -- Reps. Quinn, Harrison and Howard: A HOUSE RESOLUTION TO WELCOME MR. MICHAEL JACKSON, AN INTERNATIONALLY RECOGNIZED EXPERT ON THE BEERS OF THE WORLD, TO SOUTH CAROLINA AND TO COMMEND HIM FOR HIS WORK AS AN AUTHOR, JOURNALIST, TELEVISION PERSONALITY, AND LECTURER.
The Resolution was adopted.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4677 -- Rep. Barfield: A CONCURRENT RESOLUTION URGING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND SPECIFICALLY THE HONORABLE STROM THURMOND AND THE HONORABLE FLOYD SPENCE TO SUPPORT AND EXPEDITE THE UPGRADE OF COLONEL LOGAN E. WESTON'S DISTINGUISHED SERVICE CROSS TO THE CONGRESSIONAL MEDAL OF HONOR.
H. 4679 -- Rep. Barfield: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SECRETARY OF DEFENSE TO REESTABLISH CIVILIAN CONTROL OVER THE MILITARY DEPARTMENTS AND EFFECTIVE CUSTODIANSHIP OVER THE ARMY NATIONAL GUARD AND TO MEMORIALIZE CONGRESS TO SUPPORT AND MONITOR THE SECRETARY OF DEFENSE IN THESE MATTERS AND TO PROVIDE FOR CERTAIN SENIOR NATIONAL GUARD OFFICERS TO BE OF SUFFICIENT RANK AND AUTHORITY TO PARTICIPATE IN THE DEFENSE BUDGETING PROCESS.
H. 4907 -- Reps. Knotts, Koon, Riser, Gamble, Spearman, Stuart, Bauer, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gourdine, Govan, Hamilton, Harrell,
A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE THANKS AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO LIEUTENANT ROBERT DRUE "BOBBY" SHARPE, CORPORAL DANNY RUSSELL FRAZIER, CORPORAL DAVID EARL McCASKIL, AND OFFICER BRYAN KEITH PREVETTE, MEMBERS OF THE WEST COLUMBIA POLICE DEPARTMENT'S RESERVE POLICE OFFICER PROGRAM, FOR THEIR EXEMPLARY VOLUNTEER SERVICES TO THE CITIZENS AND POLICE DEPARTMENT OF THE CITY OF WEST COLUMBIA.
At 1:00 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned in memory of Deacon Joseph Stroy of Hopkins, to meet at 10:00 A.M. tomorrow.
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