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:
O God our Father, may the Legislative year so soon now to end teach us and not torment us. Forbid that we should grab success for ourselves or blame others for failure. Give us the ability to take things as they are and to resolve, by Your help, to make them what they ought to be. Forgive us for thinking that prayer is a waste of time; instead help us to see that without its benefits our labors are a waste of effort. Deliver us from the fear of what might happen; give us the ability to enjoy what now is and to keep striving after what ought to be.
Grant us Your peace both now and always. 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. PINCKNEY moved that when the House adjourns, it adjourn in memory of Evelyn Pinckney of Ridgeland, grandmother of Rep. PINCKNEY, which was agreed to.
The Senate amendments to the following Concurrent Resolution were taken up for consideration.
H. 5159 -- Reps. Wilkins, Haskins, Harrison, Cato, H. Brown, Townsend, J. Brown, Sharpe and D. Smith: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1998, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 16, 1998, IN STATEWIDE SESSION AND THEREAFTER ON JUNE 16 TO MEET IN JOINT ASSEMBLY AT 12:00 NOON FOR JUDICIAL ELECTIONS AND A MEMBER OF THE CONSUMER AFFAIRS COMMISSION AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 18, 1998, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 18, 1998, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Rep. WILKINS explained the Senate amendment.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate sent to the House the following:
S. 1277 -- Senators Ryberg and Moore: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE STAR NEWSPAPER AS AN EXEMPLARY FAMILY BUSINESS AND ITS OWNERS, SAM AND MIM WOODRING, AND TO CONGRATULATE THEM FOR THEIR ACHIEVEMENTS IN THE AREAS OF COMMUNITY JOURNALISM, COMMUNITY SERVICE, AND COMMUNITY OUTREACH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1281 -- Senator Holland: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EVALUATING THE LAWS CONCERNING THE JURISDICTION, NUMBER OF AVAILABLE POSITIONS, LOCATION, QUALIFICATIONS, CONTINUING EDUCATION AND CERTIFICATION REQUIREMENTS, AND COMPENSATION AND OTHER BENEFITS OF MAGISTRATES IN EACH COUNTY AND THROUGHOUT THE STATE AND THE MAGISTRATES COURTS' ROLE IN THE UNIFORM JUDICIAL SYSTEM.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 1270 -- Senators Saleeby, Land and Leventis: A BILL TO AMEND ACT 616 OF 1980, RELATING TO COMPENSATION AND TRAVEL ALLOWANCE OF MEMBERS OF THE LEE COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE AMOUNT OF COMPENSATION AND TRAVEL ALLOWANCE PAYABLE TO MEMBERS OF THE BOARD AND TO ALLOW THE PROVISION OF MEDICAL INSURANCE COVERAGE FOR THE MEMBERS.
Referred to Lee Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Bowers Breeland Brown, J. Campsen Cato Chellis Clyburn Cobb-Hunter Cotty Cromer Dantzler Delleney Easterday Edge Emory Felder Gamble Gourdine Harrell Harris Harrison Harvin Haskins Hines, J. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Neilson Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young
I came in after the roll call and was present for the Session on Wednesday, June 3.
Victoria T. Mullen James Emerson Smith, Jr. Wilbur L. Cave Glenn Lewis Hamilton Theodore A. Brown John David Hawkins Marion P. Carnell Alma W. Byrd Henry E. Brown, Jr. Ronald N. Fleming Bessie Moody-Lawrence G. Ralph Davenport, Jr. Jackson S. Whipper Grady A. Brown Jerry N. Govan, Jr. Annette Young-Brickell Fletcher Nathaniel Smith, Jr. Daniel T. Cooper Timothy C. Wilkes Lynn Seithel Ralph W. Canty J. Michael Baxley Larry L. Koon Joseph H. Neal Mack T. Hines William D. Boan
LEAVE OF ABSENCE
The SPEAKER granted Rep. BAXLEY a temporary leave of absence.
Rep. T. BROWN presented to the House the Andrews High School Girls Softball Team, 1998 AA Girls Champions, their coaches and other school officials.
Rep. SCOTT presented to the House Tyrone Corbin for being named co-male athlete of the year by the S.C. Athletic Hall of Fame.
Reps. R. SMITH and BECK presented to the House the North Augusta SWARM Basketball Team winners of the Youth Basketball of America S.C. Championships.
Rep. RISER and the Lexington County Delegation presented to the House the Brookland-Cayce High School "Lady Bearcats" softball team, 1998 Class AAA Champions, their coaches and other school officials.
Rep. RISER and the Lexington County Delegation presented to the House the Brookland-Cayce High School Bearcats, 1998 Class AAA Baseball Champions, their coaches and other school officials.
The following was received.
Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Setzler, Bryan and Hayes of the Committee of Free Conference on the part of the Senate on S. 850:
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.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 850:
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.
Very respectfully,
President
Received as information.
May 27, 1998
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my signature S. 12, R. 340, an Act:
TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.
This veto is based upon my belief that S. 12, R. 340, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing S. 12, R. 340 of 1998.
Sincerely,
David M. Beasley
Rep. HARRELL moved to adjourn debate upon the veto until Thursday, June 4, which was adopted.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 5203 -- Reps. Lloyd, Bailey and Inabinett: A BILL TO AMEND ACT 507 OF 1996, RELATING TO THE CREATION OF THE COLLETON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, SO AS TO PROVIDE THAT NO PAID EMPLOYEE OF THE COUNTY IS ELIGIBLE TO SERVE AS THE CHAIRMAN OF THE BOARD.
Rep. KNOTTS moved to adjourn debate upon the following Bill until Thursday, June 4, which was adopted.
S. 1139 -- Senator Wilson: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO CORRECT TECHNICAL ERRORS IN THE DESCRIPTION OF ITS BOUNDARIES, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1998, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, AND AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1248 -- Senator Elliott: A BILL TO AMEND ACT 742 OF 1946, AS LAST AMENDED BY ACT 177 OF 1997, SO AS TO REVISE THE REQUIRED TOWNSHIPS FROM WHICH MEMBERS OF THE LORIS COMMUNITY HOSPITAL COMMISSION MUST BE APPOINTED.
The following Bill was taken up.
S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.
Rep. HINSON proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15700DW.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 7-7-120(A) of the 1976 Code, as last amended by Act 180 of 1993, is further amended to read:
"(A) In Berkeley County there are the following voting precincts:
(1) Alvin;
(2) Bethera;
(3) Bonneau;
(4) Boulder Bluff-Goose Creek No. 1;
(5) Cainhoy;
(6) Carnes Cross Road;
(7) Cordesville;
(8) Cross;
(9) Devon Forest;
(10)(9) Eadytown;
(11)(10) Goose Creek High School;
(12)(11) Hanahan;
(13)(12) Hilton Cross Roads;
(14)(13) Howe Hall;
(15)(14) Huger;
(16)(15) Jamestown;
(17)(16) Lebanon;
(18)(17) Macedonia;
(19)(18) McBeth;
(20)(19) Moncks Corner;
(21)(20) Pimlico;
(22)(21) Pinopolis;
(23)(22) Russellville;
(24)(23) Sangaree;
(25)(24) Shulerville;
(26)(25) St. Stephen;
(27)(26) Stratford;
(28)(27) Wassamassaw;
(29)(28) Westview-Goose Creek No. 3;
(30)(29) Whitesville-Berkeley;
(31)(30) Absentee."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HINSON 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.
S. 1271 -- Senators Giese and Patterson: A BILL TO GRANT A WAIVER TO RICHLAND SCHOOL DISTRICT ONE IN RICHLAND COUNTY WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE ELEMENTARY SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.
Reps. STUART, TOWNSEND, LITTLEJOHN and WALKER proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21607SD.98), which was ruled out of order.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-25-126. If a school district is not able to employ a sufficient number of foreign language teachers for its elementary or secondary foreign language programs, the State Board of Education is authorized to grant a waiver to that school district which shall permit it to employ foreign nationals to teach their native or acquired language in the schools of the district for a period not exceeding three years. No public funds, including school activity funds, may be used to travel to foreign countries to recruit foreign nationals to teach their native or acquired language in a district. These teachers must be proficient in the English language prior to employment.
These foreign nationals so employed must have appropriate work clearances from the federal Immigration and Naturalization Service to enter and work in the United States and must meet all requirements for South Carolina teacher certification prior to employment except that they are not required to be United States citizens or meet the requirements of Section 59-25-120 with regard to the United States Constitution.
The State Department of Education shall promulgate regulations for the implementation of this section.
Before a position may be filled pursuant to this section, the school district must advertise the position and otherwise document attempts to fill the position with a noncertified but otherwise qualified foreign language teacher who is an American citizen."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-126 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION IS AUTHORIZED TO GRANT A WAIVER TO CERTAIN SCHOOL DISTRICTS WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS./
Renumber sections to conform.
Amend totals to conform.
Rep. SHEHEEN raised a Point of Order that Amendment No. 1 was out of order in that it was a statewide amendment and the Bill was a local Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. KLAUBER moved to adjourn debate upon the following Joint Resolution until Tuesday, June 16, which was adopted.
H. 4953 -- Reps. H. Brown, Sheheen, Wilkins and Young-Brickell: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1998-99 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 982 -- Senator Giese: A BILL TO AMEND ARTICLE 5, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF SECURED INTERESTS AND OTHER LIENS ON MOTOR VEHICLES, BY ADDING SECTION 56-19-720 SO AS TO PROVIDE THAT A TERMINAL RENTAL ADJUSTMENT CLAUSE IN A VEHICLE LEASE DOES NOT CREATE A SECURITY INTEREST OR A SALE.
S. 534 -- Senator Hayes: A BILL TO AMEND SECTION 41-13-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CHILD LABOR REGULATIONS SO AS TO PROVIDE AN OPTIONAL FINE FOR A FIRST OFFENSE, TO INCREASE THE FINES FOR A SUBSEQUENT OFFENSE, AND MAKE THE FINES OPTIONAL RATHER THAN MANDATORY AND TO PROVIDE CRITERIA UPON WHICH THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DETERMINE THE AMOUNT OF THE FINE; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.
S. 1179 -- Senator Drummond: A BILL TO AMEND SECTION 34-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF BANKING TO EXAMINE CERTAIN INSTITUTIONS SO AS TO AUTHORIZE EXAMINATION OF THE CAROLINA CAPITAL INVESTMENT CORPORATION.
S. 331 -- Senator Holland: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO PROVIDE THAT A MAGISTRATE MAY CONFIRM JUDGMENTS OF RECOGNIZANCE FORFEITURE OF NOT MORE THAN THE MAXIMUM FINE ALLOWABLE UNDER HIS JURISDICTION IN ADDITION TO ASSESSMENTS.
S. 1166 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
S. 1188 -- Senators Passailaigue and McConnell: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 6, SO AS TO DESIGNATE SOUTH CAROLINA HIGHWAY 61, FROM CHURCH CREEK BRIDGE AND TEN MILES NORTH, A SCENIC BYWAY AND TO MAKE THE DESIGNATED HIGHWAY SUBJECT TO THE OUTDOOR ADVERTISING ACT.
Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted.
S. 1074 -- Senator Saleeby: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1162 -- Senator Bryan: A BILL TO AMEND SECTION 20-7-6845 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS APPLICABLE TO JUVENILE DETENTION FACILITIES.
S. 863 -- Senators Holland, Washington and Short: A BILL TO AMEND SECTION 16-25-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PAROLE FOR AN INMATE WHO PRESENTS CREDIBLE EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF HIS SPOUSE, SO AS TO PROVIDE THAT THE INMATE MAY PRESENT THE EVIDENCE OF DOMESTIC VIOLENCE IN A POST-CONVICTION RELIEF HEARING.
Rep. SIMRILL moved to adjourn debate upon the following Bill until Thursday, June 4, which was adopted.
S. 78 -- Senator Holland: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE DOMESTIC CORPORATION; TO AMEND SECTION 33-15-106, AS AMENDED, RELATING TO CORPORATE NAMES OF FOREIGN CORPORATIONS, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE FOREIGN CORPORATION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-41-315, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE PARTNERSHIP; AND BY ADDING SECTION 39-5-37, SO AS TO DESIGNATE THE USE OF AN ASSUMED OR FICTITIOUS NAME TO INTENTIONALLY MISREPRESENT THE GEOGRAPHIC ORIGIN OR LOCATION OF ANY PERSON OR BUSINESS ENTITY AS AN UNLAWFUL TRADE PRACTICE.
The following Bill was taken up.
S. 325 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22136CM.98), which was adopted.
Amend the bill, as and if amended, Section 22-5-510(A), as contained in SECTION 1, by inserting:
/'violent offenses' as used in this section means the offenses contained in Section 16-1-60. / after the / . / on Page 325-3.
Amend the bill further by striking /SECTION 2./ and inserting /SECTION 3./ on Line 20, Page 325-20.
Amend the bill further by striking /SECTION 3./ and inserting /SECTION 4./ on Line 23, Page 325-20.
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Rep. KLAUBER moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up.
S. 914 -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1998", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO REPEAL SECTION 37-5-104 RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR DEBTS ARISING FROM A CONSUMER CREDIT SALE.
Rep. HAWKINS moved to recommit the Bill.
Rep. CROMER moved to table the motion, which was not agreed to by a division vote of 19 to 47.
The question then recurred to the motion to recommit, which was agreed to.
Rep. WALKER asked unanimous consent to recall S. 1258 from the Committee on Education and Public Works.
Rep. SCOTT objected.
Rep. GOVAN asked unanimous consent to recall H. 5195 from the Committee on Education and Public Works.
Rep. WALKER objected.
Rep. COBB-HUNTER asked unanimous consent to recall S. 547 from the Committee on Ways and Means.
Rep. ALTMAN objected.
Rep. WILDER asked unanimous consent to recall S. 1163 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. GOURDINE objected.
Rep. FELDER asked unanimous consent to recall S. 1120 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. HARRISON asked unanimous consent to recall S. 1281 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. SEITHEL asked unanimous consent to recall S. 276 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. KLAUBER objected.
Rep. COBB-HUNTER asked unanimous consent to recall H. 4901 from the Committee on Labor, Commerce and Industry.
Rep. BAILEY objected.
The Senate amendments to the following Bill were taken up for consideration.
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
Rep. CATO 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. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
Rep. BAILEY proposed the following Amendment No. 1A (Doc Name P:\AMEND\KGH\15708AC.98), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 5 of the bill in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4672 -- Reps. Edge, Kelley, Keegan, Mullen and Barfield: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.
Rep. EDGE explained the Senate amendment.
Rep. EDGE continued speaking.
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. 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. BAILEY proposed the following Amendment No. 1A (Doc Name P:\AMEND\PSD\7472AC.98), which was adopted.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Section 27-40-120 of the 1976 Code is amended by adding:
"(9) residence, whether temporary or not, at a charitable or emergency protective shelter, public or private."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4535 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT FOR A PORTION OF TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE PERCENTAGE AMOUNT OF THE CREDIT AND ITS DURATION, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1995.
Rep. HARRELL moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4587 -- Reps. Bauer, Knotts, Barfield, Witherspoon, Bowers, Altman, Seithel, Lanford, Easterday, Bailey, Leach, J. Smith, Meacham, Sandifer, Littlejohn, Simrill, Mullen, Fleming, Klauber, Walker, Kelley, Koon, Stoddard, Stille, Beck, R. Smith, Harrell, Chellis, Clyburn, Barrett, Rhoad, Young-Brickell, Allison, Hamilton, Campsen, Kinon, Whatley, D. Smith, Gamble, Rodgers, McLeod, Tripp, Davenport, Jordan, Vaughn, Keegan, J. Brown, Cato, Baxley, Maddox, Jennings, Neilson, Limehouse and A. Harris: A BILL TO AMEND SECTION 59-29-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION, THE DECLARATION OF INDEPENDENCE, AND THE FEDERALIST PAPERS AS A REQUISITE FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ON VETERAN'S DAY OF EACH YEAR OR ON ANOTHER SPECIFIED DAY IF SCHOOLS ARE CLOSED ON VETERAN'S DAY, ALL ELEMENTARY, MIDDLE, AND HIGH SCHOOLS IN THIS STATE SHALL DEVOTE THE ENTIRE SCHOOL DAY TO A STUDY OF THE UNITED STATES CONSTITUTION AND THE DECLARATION OF INDEPENDENCE.
Rep. WALKER proposed the following Amendment No. 1A (Doc Name P:\AMEND\GJK\21604SD.98), which was tabled.
Amend the bill, as and if amended, in Section 59-29-120 of the 1976 Code, as contained in SECTION 1, by striking subsection (C) in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Rep. BAUER 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. 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 moved to continue the Bill, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 4856 -- Reps. Delleney and Wilkins: A BILL TO AMEND SECTION 2-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUSTICES AND JUDGES, SO AS TO REQUIRE THAT ALL MATERIALS CONCERNING A WITHDRAWN CANDIDATE INCLUDING HIS REPORT, TRANSCRIPT, APPLICATION MATERIALS, AND ALL INFORMATION GATHERED DURING THE COMMISSION'S INVESTIGATION MUST BE KEPT CONFIDENTIAL AND DESTROYED AND IS EXEMPT FROM DISCLOSURE PURSUANT TO THE FREEDOM OF INFORMATION ACT; AND TO AMEND SECTION 2-19-50, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS, SO AS TO REMOVE WITHDRAWN CANDIDATES FROM THE PROVISIONS OF THIS SECTION AND PROVIDE THAT INFORMATION REQUIRED TO BE KEPT CONFIDENTIAL ALSO IS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
Rep. DELLENEY 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. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
Rep. WILDER 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. 4360 -- Reps. Limehouse, Wilkins, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Easterday, Mason, Young-Brickell and J. Smith: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.
Rep. HARRISON 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 following Bill was taken up.
S. 757 -- Senators Ravenel and Mescher: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-65, SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED, BY ADDING SECTION 6-11-66 TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS WILL BE ELECTED ON AN AT-LARGE BASIS IN A NON-PARTISAN ELECTION AT THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ELECTIONS HELD PURSUANT TO THIS ACT.
Rep. McLEOD raised a Point of Order that there was no fiscal impact statement attached to the Bill.
SPEAKER WILKINS sustained the Point of Order and stated that the Bill would not be taken up until a fiscal impact statement had been attached to the Bill.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 401 -- Senators Leventis and Giese: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CONTRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER1,TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CONTRACTORS INCLUDING, BUT NOT LIMITED TO, REVISING THRESHOLD PROJECT COSTS REQUIRING A LICENSED CONTRACTOR, REVISING QUALIFYING PARTY REQUIREMENTS AND RESPONSIBILITIES, AND PROVIDING A GRANDFATHER CLAUSE FOR CURRENT QUALIFIERS, ESTABLISHING FINANCIAL STATEMENT LICENSE GROUPS, AND REVISING REQUIREMENTS FOR FINANCIAL STATEMENTS, REDUCING BIDDERS' LICENSE FEES, EXPANDING GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS AGAINST UNLICENSED CONTRACTORS, AUTHORIZING CEASE AND DESIST ORDERS, AUTHORIZING EXAMINATION WAIVERS FOR CERTAIN CONTRACTORS LICENSED IN OTHER STATES, PROVIDING FOR THE REGULATION OF CONSTRUCTION MANAGEMENT SERVICES, ESTABLISHING BIDDING REQUIREMENTS FOR PRIME CONTRACTORS, REVISING LICENSING SUBCLASSIFICATIONS, PROVIDING CRITERIA FOR OWNERS TO OBTAIN BUILDING PERMITS, AND PROVIDING LICENSURE EXEMPTIONS.
S. 862 -- Senator Holland: A BILL TO AMEND SECTION 16-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME CLASSIFICATION, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT WITH MAXIMUM PENALTIES OF IMPRISONMENT OF FIVE YEARS OR MORE ARE FELONIES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, SO AS TO REQUIRE NOTICE OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY TO BE IN WRITING; TO AMEND SECTION 16-3-660, RELATING TO DEPOSITION TESTIMONY, SO AS TO ALLOW A JUDGE TO ORDER VIDEO DEPOSITION OF A RAPE VICTIM WHEN THE PERSON IS A WITNESS IN THE TRIAL; TO AMEND SECTION 16-3-1240, RELATING TO THE VICTIM'S COMPENSATION PROGRAM, SO AS TO AUTHORIZE THE DISCLOSURE OF INFORMATION REGARDING A PARTICULAR APPLICANT FOR VICTIM COMPENSATION BY COURT ORDER UPON A SHOWING OF GOOD CAUSE; TO AMEND SECTION 16-11-310, RELATING TO OFFENSES AGAINST PROPERTY, SO AS TO NARROW THE DEFINITION OF "BUILDING"; TO AMEND SECTION 16-11-617, RELATING TO THE OFFENSE OF ENTERING ANOTHER'S PROPERTY FOR THE PURPOSE OF CULTIVATING MARIJUANA, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WILFULLY; TO AMEND SECTION 16-11-650, RELATING TO THE OFFENSE OF REMOVING A FENCE, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED INTENTIONALLY; TO AMEND SECTION 16-13-60, RELATING TO THE OFFENSE OF STEALING DOGS, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO THE CRIME OF DOMESTIC VIOLENCE, SO AS TO DELETE THE TERM "FAMILY VIOLENCE"; TO AMEND SECTION 17-4-20, RELATING TO THE COMMISSION OF APPELLATE DEFENSE, SO AS TO REPLACE THE MEMBERSHIP SEAT ALLOCATED TO THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION WITH ONE ALLOCATED TO THE SOUTH CAROLINA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; TO AMEND SECTION 17-13-141, RELATING TO RECORDS KEPT BY JUDICIAL OFFICERS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-13-160, RELATING TO FORMS OF ARREST AND SEARCH WARRANTS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-15-40, RELATING TO BAIL AND RECOGNIZANCE FORMS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE THE FORMS; TO AMEND SECTION 17-19-80, RELATING TO INDICTMENTS, SO AS TO REQUIRE THAT A PERSON INDICTED OF A CAPITAL OFFENSE BE GIVEN A COPY OF THE INDICTMENT THIRTY DAYS BEFORE TRIAL; TO AMEND SECTION 17-21-80, RELATING TO CHANGE OF VENUE, SO AS TO AUTHORIZE A JUDGE TO CHANGE THE VENUE IN A CRIMINAL CASE TO ANOTHER COUNTY; TO AMEND SECTION 23-3-480, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER MAY NOT BE PENALIZED FOR FAILING TO REGISTER IF HE WAS CONVICTED OF A SPECIFIC OFFENSE PRIOR TO JULY 1, 1994; TO AMEND SECTION 56-1-1380, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A RESIDENT OF THIS STATE WHO IS CONVICTED OF A TRAFFIC OFFENSE IN ANOTHER STATE MAY APPLY FOR A PROVISIONAL LICENSE IF HIS DRIVER'S LICENSE IS SUSPENDED AS A RESULT OF THE CONVICTION; AND TO REPEAL SECTIONS 16-3-410, 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, AND 17-13-110.
The following Bill 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. 866 -- Senators Holland, Reese, Wilson, Mescher, Hayes, McConnell, Leventis and Martin: A BILL TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.
The following Concurrent Resolution was taken up.
H. 5171 -- Reps. Meacham, Allison, Bailey, Barfield, Battle, Beck, Breeland, J. Brown, Canty, Chellis, Clyburn, Cobb-Hunter, Dantzler, Davenport, Emory, Gamble, Gourdine, Hamilton, A. Harris, J. Hines, M. Hines, Hinson, Howard, Jennings, Jordan, Keegan, Kinon, Kirsh, Koon, Lanford, Lee, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, McGee, McMahand, Miller, Moody-Lawrence, Mullen, Neilson, Rhoad, Riser, Rodgers, Sandifer, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Tripp, Vaughn, Walker, Webb, Wilder, Wilkes and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE EFFECT OF OBESITY IN BOTH ADULTS AND CHILDREN ON COSTLY HEALTH COMPLICATIONS SUCH AS DIABETES, HYPERTENSION, HEART DISEASE, AND STROKE, AND HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS AND TREATMENT OF THE PROBLEMS OF OBESITY, AND TO REPORT THE FINDINGS OF THE STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY ON OR BEFORE JANUARY 1, 1999.
Whereas, a causal relationship exists between obesity and a number of serious disorders, including hypertension, dyslipidemia, cardiovascular disease, type-two diabetes, gallbladder disease, respiratory dysfunction, gout, and osteoarthritis; and
Whereas, the National Institute of Diabetes and Digestive and Kidney Diseases provides information which indicates that nearly eighty percent of patients and diabetes mellitus are obese, and the incidence of symptomatic gallstones soars as a person's body mass index increases beyond a certain level; and
Whereas, the information also reveals that nearly seventy percent of diagnosed cases of cardiovascular disease are related to obesity, obesity more than doubles a person's chances of developing high blood pressure, almost half of breast cancer cases are diagnosed among obese women, and forty-two percent of colon cancer cases are among obese individuals; and
Whereas, obesity ranks second only to smoking as a preventable cause of death and results in some three hundred thousand deaths annually; and
Whereas, it is estimated that thirty-five percent of the adult population is obese, and the prevalence of obesity grew a shocking thirty-four percent in the last ten years; and
Whereas, a 1997 study by Kaiser Permanente indicated that the total direct costs of obesity-related disease in the United States in 1990 was 45.8 billion dollars; and
Whereas, the Kaiser study concluded that there is a significant potential for a reduction in health care expenditures through obesity prevention efforts; and
Whereas, there is an urgent need for state health care groups and medical societies to place obesity at the top of South Carolina's health care agenda; and
Whereas, many physicians do not treat obesity because they mistakenly believe there is no treatment for it; and
Whereas, the National Institute of Health, the American Society for Bariatric Surgery, and the American Obesity Association recommend that patients who are morbidly obese receive responsible, affordable medical treatment for their obesity; and
Whereas, the diagnosis of morbid obesity should be a clinical decision made by a physician based on proper medical protocols; and
Whereas, the recent breakthroughs in drug therapy can treat obesity successfully, and the New England Journal of Medicine recently emphasized the legitimate use of pharmacotherapy as a component of treatment of medically significant obesity; and
Whereas, the new breakthroughs in obesity treatment are not widely known and efforts must be made to inform the general public and health care professionals that pharmacotherapy can be used as an effective and cost-effective treatment for obesity; and
Whereas, there also is great concern regarding the effect obesity in children may have on their overall health, health care costs, and treatment; and
Whereas, this study by the Director of the Department of Health and Environmental Control is critical to raise the awareness of the public and private sectors that obesity is a disease of epidemic proportions that is treatable and that proper treatment will reduce health care costs and improve the quality of life for a large number of our citizens. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Director of the Department of Health and Environmental Control to study the effect of obesity in both adults and children on costly health complications such as diabetes, hypertension, heart disease, and stroke, and health complications in children, to make recommendations for improvement in awareness and treatment of the problems of obesity, and to report the findings of the study and recommendations to the General Assembly on or before January 1, 1999.
Be it further resolved that a copy of this resolution be forwarded to the Director of the Department of Health and Environmental Control.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4471 -- Reps. Bauer, Knotts, Koon and Quinn: A CONCURRENT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IS REQUESTED TO IMMEDIATELY UNDERTAKE SUCH ACTION AS MAY BE NECESSARY OR REQUIRED UNDER THE FEDERAL LAW TO HAVE LAKE MURRAY DECLARED A NO DISCHARGE LAKE WITH REGARD TO MARINE TOILETS ON BOATS, AND THAT THE DEPARTMENT PURSUE SUCH ACTION UNTIL LAKE MURRAY IS DECLARED A NO DISCHARGE LAKE WITH REGARD TO MARINE TOILETS ON BOATS.
Whereas, the General Assembly finds that because of the increasing number of houseboats and other watercraft moored or operated on Lake Murray that are equipped with marine toilets, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from houseboats and other watercraft equipped with marine toilets into Lake Murray; and
Whereas, it is the intent of the General Assembly to protect and enhance the health, safety, and welfare of the public living on or near Lake Murray, as well as the health, safety, and welfare of others who use the waters of Lake Murray for swimming, fishing, boating, and drinking; and
Whereas, Section 312 of the Clean Water Act that regulates marine sanitation devices prohibits a state from enacting legislation with respect to design, manufacture, installation, or use of any marine sanitation device on any vessel; and
Whereas, to protect and enhance the health, safety, and welfare of the public living on, near, or using the waters of Lake Murray, it is necessary that the South Carolina Department of Health and Environmental Control take action consistent with federal law to designate Lake Murray as a no discharge lake with regard to marine toilets on boats. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina Department of Health and Environmental Control is requested to immediately undertake such action as may be necessary or required under the federal law to have Lake Murray declared a no discharge lake with regard to marine toilets on boats, and that the department pursue such action until Lake Murray is declared a no discharge lake with regard to marine toilets on boats.
Be it further resolved that copies of this resolution be forwarded to the Commissioner of the Department of Health and Environmental Control and to each member of the Board of Health and Environmental Control.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. TOWNSEND moved that the House recur to the morning hour, which was agreed to.
June 3, 1998
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Initial Appointment, Clarendon County Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:
Honorable Ralph F. Cothran, Post Office Drawer 700, Manning, S.C. 29102
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
Rep. HARVIN, from the Clarendon Delegation, submitted a favorable report, on:
S. 1266 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972 SO AS TO REVISE THE GOVERNANCE OF THE VOCATIONAL EDUCATIONAL SCHOOL FOR CLARENDON COUNTY.
On motion of Rep. HARVIN, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1266 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972 SO AS TO REVISE THE GOVERNANCE OF THE VOCATIONAL EDUCATIONAL SCHOOL FOR CLARENDON COUNTY.
The Bill was read the second time and ordered to third reading.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, with amendments, on:
H. 4398 -- Rep. Bowers: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE YEMASSEE EXIT OFF INTERSTATE 95 IN HAMPTON COUNTY TO HONOR THE MEMORY OF FIRST SERGEANT FRANKIE LEE LINGARD OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS KILLED IN THE LINE OF DUTY ON DECEMBER 31, 1997.
On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 4398 -- Rep. Bowers: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME AND DESIGNATE THE OVERPASS AT U.S. HIGHWAY 301 AND INTERSTATE 95 IN ORANGEBURG COUNTY TO HONOR THE MEMORY OF FIRST SERGEANT FRANKIE LEE LINGARD OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS KILLED IN THE LINE OF DUTY ON DECEMBER 31, 1997.
Whereas, First Sergeant Frankie Lee Lingard of the South Carolina Highway Patrol was killed in the line of duty on December 31, 1997; and
Whereas, on December 31, 1997, while making a traffic stop on Interstate 95 near Orangeburg, Trooper Lingard was fatally shot; and
Whereas, Trooper Lingard was an exemplary law enforcement officer, dedicated to protecting the citizens of South Carolina and preserving the safety of our highways;
Whereas, his courage, devotion to duty, and love of his profession will be a continued source of inspiration for law enforcement officers throughout South Carolina; and
Whereas it is proper and fitting to name the overpass at U.S. Highway 301 and Interstate 95 in honor of the memory of First Sergeant Frankie Lee Lingard of the South Carolina Highway Patrol. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to name and designate the overpass at U.S. Highway 301 and Interstate 95 in Orangeburg County in honor of the memory of First Sergeant Frankie Lee Lingard and to erect appropriate markers or signs reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and to the widow of First Sergeant Lingard, Mrs. Barbara H. Lingard.
Rep. BOWERS proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\2011MM.98), which was adopted.
Amend the concurrent resolution, as and if amended, by striking all after the title and inserting:
/Whereas, First Sergeant Frankie Lee Lingard of the South Carolina Highway Patrol was killed in the line of duty on December 31, 1997; and
Whereas, on December 31, 1997, while making a traffic stop on Interstate 95 near Orangeburg, Trooper Lingard was fatally shot; and
Whereas, Trooper Lingard was an exemplary law enforcement officer, dedicated to protecting the citizens of South Carolina and preserving the safety of our highways;
Whereas, his courage, devotion to duty, and love of his profession will be a continued source of inspiration for law enforcement officers throughout South Carolina; and
Whereas it is proper and fitting to name the overpass at U.S. Highway 301 and Interstate 95 in honor of the memory of First Sergeant Frankie Lee Lingard of the South Carolina Highway Patrol. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to name and designate the overpass at U.S. Highway 301 and Interstate 95 in Orangeburg County in honor of the memory of First Sergeant Frankie Lee Lingard and to erect appropriate markers or signs reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and to the widow of First Sergeant Lingard, Mrs. Barbara H. Lingard./
Amend the title to read:
/REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME AND DESIGNATE THE OVERPASS AT U.S. HIGHWAY 301 AND INTERSTATE 95 IN ORANGEBURG COUNTY TO HONOR THE MEMORY OF FIRST SERGEANT FRANKIE LEE LINGARD OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS KILLED IN THE LINE OF DUTY ON DECEMBER 31, 1997./
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
Rep. HARRELL moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
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 yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Edge Emory Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Hawkins Hines, J. Hinson Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Law Leach Lee Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Mullen Neal Neilson Pinckney Quinn Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stuart Townsend Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Campsen Davenport Easterday Haskins Koon Loftis Robinson Tripp
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. TOWNSEND, HARRELL and WALKER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
With some reservation, I voted in favor of Senate Bill 850. Generally, it is a good piece of legislation which I hope will have a positive impact on our state education system. But, a key provision regarding the ability of students to transfer from poorly performing schools was omitted. It concerns me that parents have no other alternatives within the taxpayer supported public education system.
Rep. DOUG SMITH
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. This act will be known and may be cited as the "South Carolina Education Accountability Act of 1998.
SECTION 2. Chapter 18 , Title 59 of the 1976 Code is amended to read:
Section 59-18-100. 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 establish a performance based accountability system for public education which focuses on improving teaching and learning so that students are equipped with a strong academic foundation. Accountability, as defined by this chapter, means acceptance of the responsibility for improving student performance and taking actions to improve classroom practice and school 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.
Section 59-18-110. The system is to:
(1) use academic achievement standards to push schools and students toward higher performance by aligning the state assessment to those standards and linking policies and criteria for performance standards, accreditation, reporting, school rewards, and targeted assistance;
(2) to provide an annual report card with a performance indicator system that is logical, reasonable, fair, challenging, and technically defensible which furnishes clear and specific information about school and district academic performance and other performance to parents and the public;
(3) require all districts to establish local accountability systems to stimulate quality teaching and learning practices and to target assistance to low performing schools;
(4) provide resources to strengthen the process of teaching and learning in the classroom to improve student performance and reduce gaps in performance;
(5) support professional development as integral to improvement and to the actual work of teachers and school staff; and
(6) expand the ability to evaluate the system and to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts.
Section 59-18-120. As used in this chapter:
(1) 'Oversight Committee' means the Education Oversight Committee established in Section 59-6-10.
(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 performance' means the rating a school will receive based on the percentage of students meeting standard on the state's standards based assessment.
(9) 'Improvement performance' means the rating 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) 'Objective and reliable statewide assessment' means assessments which yield consistent results and which measure the cognitive knowledge and skills specified in the state-approved academic standards and does not include questions relative to personal opinions, feelings, or attitudes and is not biased with regard to race, gender, or socioeconomic status. It is not intended that the assessments be limited to true/false or multiple choice questions.
(11) 'Division of Accountability' means the special unit within the oversight committee established in Section 59-6-10.
Section 59-18-130. The State Board of Education is directed to adopt grade specific performance-oriented educational standards in the core academic areas of mathematics, English/language arts, social studies (history, government, economics, and geography), and science for kindergarten through twelfth grade and for grades nine through twelve adopt specific academic standards for benchmark courses in mathematics, English/language arts, social studies, and science. The standards are to 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.
The standards must be reflective of the highest level of academic skills with the rigor necessary to improve the curriculum and instruction in South Carolina's schools 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.
Section 59-18-140. (A) Notwithstanding any other provision of law, the State Board of Education, through the Department of Education, is required to develop or adopt a statewide assessment program to measure student performance on state standards and:
(1) identify areas in which students need additional support;
(2) indicate the academic achievement for schools, districts, state; and
(3) satisfy federal reporting requirements.
All assessments required to be developed or adopted under the provisions of this section or chapter must be objective and reliable.
(B) The statewide assessment program in the four academic areas shall include grades three through eight, an exit examination which is to be first administered in grade ten, and end of course tests for gateway courses in English/language arts, mathematics, science, and social studies for grades nine through twelve. A standards based assessment will be developed for grades one and two for use by schools and districts as deemed appropriate by the district officials.
(C) While assessment is called for in the specific areas mentioned above, this should not be construed as lessening the importance of foreign languages, visual and performing arts, health, physical education, and career/occupational programs.
Section 59-18-150. (A) After the first statewide field test of the assessment program in each of the four academic areas, and after the field tests of the end of course assessments of benchmark courses, the Education Oversight Committee, established in Section 59-6-10, will review the state assessment program and the course assessments for alignment with the state standards, level of difficulty and validity, and for the ability to differentiate levels of achievement, and will make recommendations for needed changes, if any. The review will be provided to the State Board of Education, the State Department of Education, the Governor, the Senate Education Committee, and the House Education and Public Works Committee as soon as feasible after the field tests. The Department of Education will then report to the Education Oversight Committee no later than one month after receiving the reports on the changes made to the assessments to comply with the recommendations.
(B) After review and approval by the Education Oversight Committee, the standards based assessment of mathematics, English/language arts, social studies, and science will be administered to all public school students to include those students as required by the 1997 reauthorization of the Federal Individuals with Disabilities Education Act and by Title 1 at the end of grades three through eight. The exit examination in these four academic areas will be administered for the first time at the end of grade ten. For students with documented disabilities, the assessments developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing Students with Documented Disabilities.
(C) After review and approval by the Education Oversight Committee, the end of course assessments of benchmark courses will be administered to all public school students as they complete each benchmark course.
(D) Any new standards and assessments 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 Education Oversight Committee .
Section 59-18-160. 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 the 2000-2001 school year. The purpose of the tests is to measure individual student readiness and they are not to be used as an accountability measure at the state level. However, the grade two readiness test will serve as the baseline for grade three assessment.
Section 59-18-170. The State Board of Education, following the recommendations of the Accountability Division of the Education Oversight Committee, is directed to select a norm referenced test to obtain an indication of student and school performance relative to national performance levels. The test must be administered annually to a statistically valid random sample of students in at least three grades from grades three through eleven. The Oversight Committee shall determine an appropriate sampling plan for the norm referenced test that must be administered beginning in the 1999-2000 school year.
Section 59-18-180. 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 59-18-190. The State Board of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005. At a minimum, each academic area should be reviewed and updated every four years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee for its consideration. After approval by the Education Oversight Committee, the recommendations may be implemented. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, must examine the standards and assessment system to determine rigor and relevancy.
Section 59-18-200. The Department of Education is directed to provide assessment results annually on individual students and schools in a manner and format that is easily understood by parents and the public. In addition, the school assessment results must be presented in a format easily understood by the faculty and in a manner that is useful for curriculum review and instructional improvement. The department is to provide longitudinally matched student data from the standards based assessments and include information on the performance of subgroups of students within the school. The department must work with the Division of Accountability in developing the formats of the assessment results. Schools and districts shall be responsible for disseminating this information to parents.
Section 59-18-210. (A) Beginning 1998-99 and annually thereafter, at the beginning of each school year, the school must notify the parents of the need for a conference for each student in grades three through eight who lacks the skills to perform at his current grade level based on assessment results, school work, or teacher judgement. At the conference, the student, parent, and appropriate school personnel will discuss the steps needed to ensure student success at the next grade level. An academic plan will be developed to outline additional services the school and district will provide, and the actions the student and the parents will undertake to further student success.
(B) The participants in the conference will sign-off on the academic plan, including any requirement for summer school attendance. Should a parent, after attempts by the school to schedule the conference at their convenience, not attend the conference, the school will appoint a school mentor, either a teacher or adult volunteer, to work with the student and advocate for services. A copy of the academic plan will be sent to the parents by certified mail.
(C) At the end of the school year, the student's performance will be reviewed by appropriate school personnel. If the student's work has not been at grade level or if the terms of the academic plan have not been met, the student may be retained or he may be required to attend summer school for promotion. If there is a compelling reason why the student should not be required to attend summer school or be retained, the parent or student may appeal to a district review panel.
(D) At the end of summer school, a district panel will review the student's progress and report to the parents whether the student's academic progress indicates readiness to achieve grade level standards for the next grade. If the student is not at grade level or the student's assessment results show standards are not met, the student will be placed on academic probation. A conference of the student, parents, and appropriate school personnel will revise the academic plan to address academic difficulties. At the conference it must be stipulated that academic probation means if either school work is not up to grade level or if assessment results again show standards are not met, the student will be retained. The district's appeals process remains in effect.
(E) Each district board of trustees will establish policies on academic conferences, individual student academic plans, and district level reviews. Information on these policies must be given to every student and parent. Each district is to monitor the implementation of academic plans as a part of the local accountability plan. Districts are to use Act 135 of 1993 academic assistance funds to carry out academic plans, including required summer school attendance. Districts' policies regarding retention of students in grades one and two remain in effect.
(F) The State Board of Education, working with the Oversight Committee, will establish guidelines until regulations are promulgated to carry out this section. The State Board of Education, working with the Accountability Division, will promulgate regulations requiring the reporting of the numbers of students retained at each grade level, the numbers of students on probation, number of students retained after being on probation, and number of students removed from probation. This data will be used as a performance indicator for accountability.
Section 59-18-300. The criteria governing the adoption of instructional materials shall be revised by the State Board of Education to require that the content of such materials reflect the substance and level of performance outlined in the grade specific educational standards adopted by the state board.
Section 59-18-400. By November 2000, the State Board of Education, working with the Department of Education and recommendations from the Accountability Division, must promulgate regulations to outlining the criteria for the state's accreditation system which must include student academic performance.
Section 59-18-500. (A) The Education Oversight Committee, working with the State Board of Education, is directed to establish an annual report card and its format to report on the performance for the individual elementary, middle, high schools, and school districts of the State. The school's ratings on academic performance must be emphasized and an explanation of their significance for the school and the district must also be reported. The annual report card must serve at least four purposes:
(1) inform parents and the public about the school's performance;
(2) assist in addressing the strengths and weaknesses within a particular school;
(3) recognize schools with high performance; and
(4) evaluate and focus resources on schools with low performance.
(B) The Oversight Committee shall determine the criteria for and establish five academic performance ratings of excellent, good, average, below average, and unsatisfactory. Schools and districts shall receive a rating for absolute and improvement performance. 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 ratings. The Oversight Committee shall establish student performance indicators which will be those considered to be useful for assessing a school's overall performance and appropriate for the grade levels within the school.
(C) In setting the criteria for the academic performance ratings and the performance indicators, the Education Oversight Committee shall report the performance by subgroups of students in the school and schools similar in student characteristics, consideration of these factors must be given only in the improvement rating. Criteria must use established guidelines for statistical analysis and build on current data-reporting practices.
(D) The report card must include a comprehensive set of performance indicators with information on comparisons, trends, needs, and performance over time which is helpful to parents and the public in evaluating the school. Special efforts are to be made to ensure that the information contained in the report cards is provided in an easily understood manner and a reader friendly format. This information should also provide a context for the performance of the school. Where appropriate, the data should yield disaggregated results to schools and districts in planning for improvement. The report card should include information in such areas as programs and curriculum, school leadership, community and parent support, faculty qualifications, evaluations of the school by parents, teachers, and students. In addition, the report card must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary climate, dropout ratios, student and teacher ratios, and attendance data.
(E) The principal, in conjunction with the School Improvement Council established in Section 59-20-60, must write an annual narrative of a school's progress in order to further inform parents and the community about the school and its operation. The narrative must cite factors or activities supporting progress and barriers which inhibit progress. The school's report card must be furnished to parents and the public no later than November fifteenth.
Section 59-18-510. No later than June 1, 1999, the Accountability Division must report on the development of the performance indicators criteria and the report card to the Education Oversight Committee and the State Board of Education. A second report, to include uniform collection procedures for academic standards and performance indicators, is due by September 1, 1999. No later than September 1999, the State Department of Education shall report to the Oversight Committee the determination of the levels of difficulty for the assessments by grade and academic area. By March 1, 2000, a report on the development of baseline data for the schools is due from the division.
Section 59-18-520. Charter schools established pursuant to Chapter 40, Title 59 will receive a performance rating and must issue a report card to parents and the public containing the rating and explaining its significance and providing other information similar to that required of other schools in this section. Alternative schools are included in the requirements of this chapter, however, the purpose of such schools must be taken into consideration in determining their performance rating. The Education Oversight Committee, working with the State Board of Education and the School to Work Advisory Council, will develop a report card for vocational schools.
Section 59-18-530. Beginning in 2001 and annually thereafter the State Department of Education must issue report cards to all schools and districts of the State no later than November first. 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 59-18-600. The State Board of Education, working with the division and the Department of Education, must establish the Palmetto Gold and Silver Awards Program to recognize and reward schools for academic achievement. Awards will be established for schools attaining high levels of absolute performance and for schools attaining high rates of improvement. The award program must base improved performance on longitudinally matched student data and may include such additional criteria as: (a) student attendance; (b) teacher attendance; (c) student dropout rates; and (d) any other factors promoting or maintaining high levels of achievement and performance. Schools shall be rewarded according to specific criteria established by the division. In defining eligibility for a reward for high levels of performance, student performance should exceed expected levels of improvement. The State Board of Education shall promulgate regulations to ensure districts of the State utilize these funds to improve or maintain exceptional performance according to their school's plans established in Section 59-139-10. Funds may be utilized for professional development support.
Special schools for the academically talented are not eligible to receive an award pursuant to the provisions of this section unless they have demonstrated improvement and high absolute achievement for three years immediately preceding.
Section 59-18-700. (A) Notwithstanding any other provision of law, a school is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the Defined Program provided that, during a three-year period, the following criteria are satisfied:
(1) the school has twice been a recipient of a Palmetto Gold or Silver Award, pursuant to Section 59-18-600;
(2) the school has met annual improvement standards for subgroups of students in reading and mathematics; and
(3) the school has exhibited no recurring accreditation deficiencies.
(B) Schools receiving flexibility status are released from those regulations and statutory provisions referred to above including, but not limited to, regulations and statutory provisions on class scheduling, class structure, and staffing. The State Board of Education in consultation with the Education Oversight Committee must promulgate regulations and develop guidelines for providing this flexibility by December 1, 2001.
(C) To continue to receive flexibility pursuant to this section, a school must annually exhibit school improvement at or above the state average as computed in the school recognition program pursuant to Section 59-18-600 and must meet the gains required for subgroups of students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board of Education for an extension of this status for one year.
(D) In the event that a school is removed from flexibility status, the school is not subject to regulations and statutory provisions exempted under this section until the beginning of the school year following notification of the change in status by the State Department of Education. Subsequent monitoring by the State Department of Education in a school that is removed from flexibility status shall not include a review of program records exempted under this section for the period that the school has received flexibility status or for the school year during which the school was notified of its removal from flexibility status.
Section 59-18-710. (A) Notwithstanding any other provision of law, a school designated as unsatisfactory while in such status is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the Defined Program or other State Board of Education regulations, dealing with the core academic areas as outlined in Section 59-18-120, provided that the review team recommends such flexibility to the State Board of Education.
(B) Other schools may receive flexibility when their strategic plan explains why such exemptions are expected to improve the academic performance of the students and the plan meets the approval by the State Board of Education. To continue to receive flexibility pursuant to this section, a school must annually exhibit overall school improvement as outlined in its revised plan and must meet the gains set for subgroups of students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board of Education for an extension of this status for one year according to the provisions for Section 59-18-700 (D).
Section 59-18-800. The State Board of Education, based on recommendations of the division, must develop regulations requiring that no later than August 1999 each district board of trustees must establish and annually review a performance based accountability system, or modify its existing accountability system, to reinforce the state accountability system. Parents, teachers, and principals must be involved in the development, annual review, and revisions of the accountability system established by the district. The board of trustees shall ensure that a district accountability plan be developed, reviewed, and revised annually. In order to stimulate constant improvement in the process of teaching and learning in each school and to target additional local assistance for a school when its students' performance is low or shows little improvement, the district accountability system must build on the district and school activities and plans required in Section 59-139-10. In keeping with the emphasis on school accountability, principals should be actively involved in the selection, discipline, and dismissal of personnel in their particular school. The date the school improvement reports must be provided to parents is changed to February first. Until such time as regulations pursuant to this section become effective, school district accountability systems must be developed, adopted, and implemented in accordance with State Board of Education guidelines.
The Department of Education 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 division for approval by August 1999. School districts not having an approved plan by August 1, 1999, shall be provided a plan by the department within ninety days.
Section 59-18-900. (A) When a school receives a rating of below average or unsatisfactory, the following actions must be undertaken by the school, the district, and the board of trustees:
(1) The faculty of the school with the leadership of the principal must review its improvement plan and revise it with the assistance of the school improvement council established in Section 59-20-60. The revised plan should look at every aspect of schooling, and must outline activities that, when implemented, can reasonably be expected to improve student performance and increase the rate of student progress. The plan should provide a clear, coherent plan for professional development, which has been designed by the faculty, that is ongoing, job related, and keyed to improving teaching and learning. A time line for implementation of the activities and the goals to be achieved must be included.
(2) Once the revised plan is developed, the district superintendent and the local board of trustees shall review the school's strategic plan to determine if the plan focuses on strategies to increase student academic performance. Once the district board has approved the plan, it must delineate the strategies and support the district will give the plan.
(3) After the approval of the revised plan, the principal's and teachers' professional growth plans, as required by Section 59-20-40 and Section 59-24-40, should be reviewed and amended to reflect the professional development needs identified in the revised plan and must establish individual improvement criteria on the performance dimensions for the next evaluation.
(4) The school, in conjunction with the district board, must inform the parents of children attending the school of the ratings received from the State Board of Education and must outline the steps in the revised plan to improve performance, including the support which the board of trustees has agreed to give the plan. This information must go to the parents no later than February first. This information must also be advertized 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 performance rating and improvement performance rating on student academic performance, and strategies which must be taken by the district and school to improve student performance; and
(5) Upon a review of the revised plan to ensure it contains sufficiently high standards and expectations for improvement, the Department of Education is to delineate the activities, support, services, and technical assistance it will make available to support the school's plan and sustain improvement over time. Schools meeting the criteria established pursuant to Section 59-18-1300 will be eligible for the grant programs created by that section.
Section 59-18-910. (A) When a school receives a rating of unsatisfactory or upon the request of a school rated below average, an external review team must be assigned by the Department of Education to examine school and district educational programs, actions, and activities. The Education Oversight Committee, in consultation with the State Department of Education shall develop the criteria for the identification of persons to serve as members of an external review team which shall include representatives from selected school districts, respected retired educators, State Department of Education staff, higher education representatives, parents from the district and business representatives.
(B) The activities of the external review committee may include:
(1) examine all facets of school operations, focusing on strengths and weaknesses, determining the extent to which the instructional program is aligned with the content standards, and recommendations which draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics;
(2) consult with parents, community members, and members of the School Improvement Council to gather additional information on the strengths and weaknesses of the school;
(3) identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board;
(4) work with school staff, central offices, and local boards of trustees in the design of the school's plan, implementation strategies, and professional development training that can reasonably be expected to improve student performance and increase the rate of student progress in that school;
(5) identify needed support from the district, the State Department of Education, and other sources for targeted long-term technical assistance;
(6) report its recommendations, no later than three months after the school receives the designation of unsatisfactory to the school, the district board of trustees, and the State Board of Education; and
(7) report annually to the local board of trustees and state board over the next four years, or as deemed necessary by the State Board, on the district's and school's progress in implementing the plans and recommendations and in improving student performance.
(C) Within thirty days, the Department of Education must notify the principal, the superintendent, and the district board of trustees of the recommendations approved by the State Board of Education. After the approval of the recommendations, the department shall delineate the activities, support, services, and technical assistance it will provide to the school. With the approval of the state board, this assistance will continue for at least three years, or as determined to be needed by the review committee to sustain improvement,
Section 59-18-920 If the recommendations approved by the state board, the district's plan, or the school's revised plan are not satisfactorily implemented by the school rated unsatisfactory and its school district according to the time line developed by the State Board of Education or if student academic performance has not met expected progress, the principal, district superintendent, and members of the board of trustees must appear before the State Board of Education to outline the reasons why a state of emergency should not be declared in the school. The State Superintendent, after consulting with the external review committee and with the approval of the State Board of Education, shall be granted the authority to take any of the following actions:
(1) furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education;
(2) declare a state of emergency in the school and replace the school's principal; or
(3) declare a state of emergency in the school and assume management of the school.
Section 59-18-1000. (A)Teacher Specialists on Site must be assigned in any of the four core academic areas to a middle or high school in an impaired district or designated as below average or unsatisfactory, if the review team so recommends and recommendation is approved by the State Board of Education. Teacher Specialists on Site must be assigned at a rate of one teacher for each grade level with a maximum of five to elementary schools in impaired districts or designated as below average or unsatisfactory. The Department of Education, in consultation with the Division of Accountability, shall develop a program for the identification, selection, and training of teachers with a history of exemplary student academic achievement to serve as teacher specialists on site. Retired educators may be considered for specialists.
(B) In order to sustain improvement and help implement the review team's recommendations, the specialists will teach and work with the school faculty on a regular basis throughout the school year for up to three years, or as recommended by the review committee and approved by the state board. Teacher specialist must teach a minimum of three hours per day on average in team teaching or teaching classes. Teacher Specialist shall not be assigned administrative duties or other responsibilities outside the scope of this section. The specialists will assist the school in gaining knowledge of best practices and well-validated alternatives, demonstrate effective teaching, act as coach for improving classroom practices, give support and training to identify needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a Teacher Specialist.
(C) To encourage and recruit teachers for assignment to below standard and unsatisfactory schools, those assigned to such schools will receive their salary and a supplement 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. The salary and supplement is to be paid by the State for three years.
(D) In order to attract a pool of qualified applicants to work in low-performing schools, the Education Oversight Committee, in consultation with the Leadership Academy of the South Carolina Department of Education shall develop criteria for the identification, selection, and training of principals with a history of exemplary student academic achievement. Retired educators may be considered for Principal Specialists. A principal specialist may be hired for a school designated as unsatisfactory, if the district board of trustees chooses to replace the principal of that school. The principal specialist will assist the school in gaining knowledge of best practices and well-validated alternatives in carrying out the recommendations of the review team. The specialist will demonstrate effective leadership for improving classroom practices, assist in the analyses of assessment data, work with individual members of the faculty emphasizing needed changes in classroom instructional strategies based upon analyses of assessment data, and support teachers in acquiring new skills designed to increase academic performance. School districts are asked to cooperate in releasing employees for full-time or part-time employment as a Principal Specialist.
(E) In order to attract a pool of qualified principals to work in low-performing schools, the principal specialists hired in such schools will receive their salary and a supplement equal to 1.25 times the supplement amount calculated for teachers. The salary and supplement are to be paid by the State for two years.
(F) The supplements are to 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. For the purpose of determining average final compensation as defined in Section 9-1-10 of the Code of Laws, the supplement authorized in this section shall entitle a specialist to have added to their average final compensation at the time of retirement an amount not to exceed an additional forty-five days' pay, based on the specialist's regular annual compensation at their home school location. A specialist shall be entitled to fifteen days' pay, for the purposes of this section, for each year of service as a specialist on site. Principal and Teacher Specialists on Site who are assigned to below average and unsatisfactory schools 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 they left but without assurance as to the school or supplemental position to which they may be assigned.
(G) For retired educators drawing benefits from the State Retirement System who are serving in the capacity of Principal or Teacher Specialist on Site, the earnings limitations which restrict the amount of compensation that may be earned from covered employment while drawing benefits under the State Retirement System do not apply to any compensation paid to them as an on-site specialist not to exceed one year of such employment whether they are working directly for the school district or for some entity in this capacity. However, no further contributions may be made to the State Retirement System related to this compensation and no additional retirement benefits or credits may be received or accrued.
(I) Within the parameters herein, the school district will have final determination on individuals who are assigned as teacher specialists and principal specialists.
Section 59-18-1100. Each principal continued in employment in schools in districts designated as impaired or in schools designated as below average or unsatisfactory must participate in a formal mentoring program with a principal. The Department of Education, working with the Education Oversight Committee, shall design the mentoring program and provide a stipend to those principals serving as mentors.
Section 59-18-1200. Each teacher employed in schools designated as below average or unsatisfactory who participate in the professional development activities and the improvement actions of the school which go beyond the normal school day and year may earn credits toward recertification according to the criteria established by the State Board of Education. To receive credit activities must be based on identified professional development needs outlined in the school's improvement plan and must include at least one of the following:
(1) summer institute with follow-up activities;
(2) practice of new teaching strategies with peers regularly throughout the school year;
(3) work with peer study groups during the academic year in planning lessons; and
(4) observing and coaching regularly in one another's classrooms.
The activities must be approved by the Department of Education and the department shall determine the amount of credit earned by the participation.
Section 59-18-1300. (A)The State Board of Education, working with the Accountability Division and the Department of Education, must establish grant programs for schools designated as below average and for schools designated as unsatisfactory. A school designated as below average will qualify for a grant to undertake any needed retraining of school faculty and administration once the revised plan is determined by the State Department of Education to meet the criteria on high standards and effective activities. A school designated as unsatisfactory will qualify for the grant program after the State Board of Education approves its revised plan. A grant or a portion of a grant may be renewed annually over the next three years, if school and district actions to implement the revised plan continue. Should student performance not improve, any revisions to the plan must meet high standards prior to renewal of the grant. The revised plan must be reviewed by the district and board of trustees and the State Department of Education to determine what other actions, if any, need to be taken. A grant may be extended for up to an additional two years, if the State Board of Education determines it is needed to sustain academic improvement. The funds must be expended based on the revised plan and according to criteria established by the State Board of Education. Prior to extending any grant, the Accountability Division shall review school expenditures to make a determination of the effective use of previously awarded grant funds. If deficient use is determined, those deficiencies must be identified, noted, and corrective action taken before a grant extension will be given.
(B) The State Board of Education, working with the Department of Education and with the approval of the Education Oversight Committee, will develop guidelines outlining eligibility for the grant programs and methods of distributing funds which will be in effect until such time as the school ratings in Section 59-18-500(B) are implemented. In developing the eligibility guidelines, the board should consider criteria similar to that used in the impaired district program, Section 59-18-30. Until such time as regulations are promulgated, the funds shall be distributed on a per teacher basis for use only as outlined in the revised school plan.
(C) A public school assistance fund shall be established 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 59-18-1400. (A) When a district receives a rating of below average, the State Superintendent, with the approval of the State Board of Education shall appoint an external review committee to study educational programs in that district and identify factors affecting the performance of the district. The review committee must:
(1) examine all facets of school and district operations, focusing on strengths and weaknesses, determining 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;
(2) consult with parents and community members to gather additional information on the strengths and weaknesses of the district;
(3) identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board;
(4) work with school staff, central offices, and local boards of trustees in the design of the district's plan, implementation strategies, and professional development training that can reasonably be expected to improve student performance and increase the rate of student progress in the district;
(5) identify needed support from the State Department of Education and other sources for targeted long-term technical assistance;
(6) report its recommendations, no later than three months after the district receives the designation of unsatisfactory, to the superintendent, the district board of trustees, and the State Board of Education; and
(7) report annually over the next four years to the local board of trustees and state board, or as deemed necessary by the State Board, on the district's and school's progress in implementing the plans and recommendations and in improving student performance.
(B) Within thirty days, the Department of Education must notify the superintendent and the district board of trustees of the recommendations approved by the State Board of Education. Upon the approval of the recommendations, the Department of Education must delineate the activities, support, services, and technical assistance it will provide to support the recommendations and sustain improvement over time. The external review committee must report annually to the local board of trustees and the state board over the next four years, or as deemed necessary by the state board, on the district's progress in implementing the recommendations and improving student performance .
(C) The review committee shall be composed of State Department of Education staff, representatives from selected school districts, higher education, and business.
Section 59-18-1410. If recommendations approved by the State Board of Education are not satisfactorily implemented by the school district according to the time line developed by the State Board of Education, or if student performance has not made the expected progress and the school district is designated as unsatisfactory, the district superintendent and members of the board of trustees must appear before the State Board of Education to outline the reasons why a state of emergency should not be declared in the district. The State Superintendent, with the approval of the State Board of Education, is granted authority to do any of the following:
(1) Furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education;
(2) Recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the State Superintendent may furnish an interim replacement until the vacancy is filled by the board of trustees or until an election is held as provided by law to fill the vacancy if the superintendent who is replaced is elected to such office. Local boards of trustees negotiating contracts for the superintendency shall include a provision that the contract is void should the Governor declare that office of superintendency vacant pursuant to this section. This contract provision does not apply to any existing contracts but to new contracts or renewal of contracts.
(3) Declare a state of emergency in the school district and assume management of the school district.
Section 59-18-1500. To assist schools and school districts as they work to improve classroom practice and student performance, the Department of Education must increase the delivery of quality technical assistance services and the assessment of instructional programs. The department may need to reshape some of its organization and key functions to make them more consistent with the assistance required by schools and districts in developing and implementing local accountability systems and meeting state standards. The Department of Education must:
(1) establish an on-going state mechanism to promote successful programs found in South Carolina schools for implementation in schools with similar needs and students, to review evidence on instructional and organizational practices considered to be effective, and to alert schools and classroom teachers to these options and the sources of training and names of implementing schools;
(2) provide information and technical assistance in understanding state policies, how they fit together, and the best practice in implementing them; and
(3) establish a process for monitoring information provided for accountability and for assessing improvement efforts and implementation of state laws and policies which focuses on meeting the intent and purpose of those laws and policies.
Section 59-18-1600. (A) An on-going public information campaign must be established to apprise the public of the status of the public schools and the importance of high standards for academic performance for the public school students of South Carolina. A special committee shall be appointed by the Chairman of the Education Oversight Committee to include two committee members representing business and two representing education and others representing business, industry, and education. The committee shall plan and oversee the development of a campaign, including public service announcements for the media and other such avenues as deemed appropriate for informing the public. The plan must be reported to the Governor, the Senate Education Committee and the House Education and Public Works Committee by March 15, 1999.
(B) A separate fund within the state general fund will be established to accept grants, gifts, and donations from any public or private source or monies that may be appropriated by the General Assembly for the public information campaign. Members of the Oversight Committee representing business will solicit donations for this fund. 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 Oversight Committee, shall administer and authorize any disbursements from the fund. Private individuals and groups shall be encouraged to contribute to this endeavor.
Section 59-18-1700. (A)The State Board of Education, working with the Department of Education and the Education Oversight Committee, shall establish a competitive grant program to fund at least ten alternative schools. Districts are authorized and encouraged to cooperate in establishing alternative schools and such jointly established schools will be given priority in awarding the grants. Alternative schools established prior to this act shall not be prohibited from participation in this program. These schools must be at a site separate from other schools, unless operated at a time when those schools are not in session. These schools shall provide appropriate services to middle or high school students who for academic or behavioral reasons are not benefiting from the regular school program. The regulations must include guidelines to ensure that effective practices are adopted.
(B) To be eligible for funding, the school district(s) must develop a plan for the school which establishes a comprehensive program to address student problems. State requirements for staffing may be waived if the plan meets the criteria and has a reasonable expectation of success. The plan must include:
(1) the mission of the school;
(2) policy for the basis of enrollment in the school;
(3) a low pupil-teacher ratio, to include one on one assistance, independent computer assisted leaning and distance learning;
(4) provision for transportation to the school;
(5) establishment of comprehensive staff development;
(6) appointment of a mentor teacher at the student's original school in order to ease transition back to that school when such a transfer occurs; and
(7) a process for community involvement and support.
The district(s) shall contract with the school for each student attending for an amount that is no less than the amount equal to that generated by the student's EFA weight.
Section 59-18-1800. The State Board of Education shall establish grant programs to fund homework centers in schools and districts designated as below average and unsatisfactory. Until such time as these rating are established, all schools in districts declared to be impaired are eligible to receive funding on a per pupil basis. Schools receiving such designations must provide centers that go beyond the regular school hours where students can come and receive assistance in understanding and completing their school work. Funds provided for these centers may be used for salaries for certified teachers and for transportation costs. Homework centers meeting the criteria established by the board, shall receive funds as appropriated by the General Assembly. For 1998-99, of the funds appropriated for assessment, up to $500,000 shall be used for homework centers.
Section 59-18-1900. (A) The State Board of Education, through the Department of Education, shall establish a grant program to encourage school districts to pilot test or implement a modified school year or school day schedule. The purpose of the grant is to assist with the additional costs incurred during the intersessions for salaries, transportation, and operations or for additional costs incurred by lengthening the school day. For a district to qualify for a grant, all the schools within a specific feeder zone or elementary-to-middle-to-high school attendance area, must be pilot testing or implementing the modified year or day schedule. Districts declared to be impaired will have priority in obtaining such grants.
(B) To obtain a grant, a district shall submit an application to the State Board in a format specified by the Department of Education. The application shall include a plan for implementing a modified year or day that provides the following: more time for student learning, learning opportunities that typically are not available in the regular student day, targeted assistance for students whose academic performance is significantly below promotion standards, more efficient use of facilities and other resources, and evaluations of the impact of the modified schedule. Local district boards of trustees shall require students whose performance in a core subject area as defined in Section 59-18-120, is the equivalent of a 'D' average or below to attend the intersessions or stay for the lengthened day and receive special assistance in the subject area. Funding for the program is as provided by the General Assembly in the annual appropriation act. Each grant award for program pilot testing or implementation may not exceed a three-year period.
SECTION 3. Article 1, Chapter 18, Title 59 of the 1976 Code is amended by adding:
Section 59-18-2000. The Education Oversight Committee 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. The Oversight Committee shall recommend better ways to provide and meet the needs for professional development, to include the use of the existing five contract days for in service. Needed revisions shall be made to State regulations to promote use of state dollars for training which meets national standards for staff development."
SECTION 2. Article 1, Chapter 24, Title 59 of the 1976 Code is amended by adding:
"Section 59-24-5. The General Assembly finds that the leadership of the principal is key to the success of a school, and support for ongoing, integrated professional development is integral to better schools and to the improvement of the actual work of teachers and school staff."
SECTION 3. Sections 59-24-10 and 59-24-30 of 1976 Code are amended to read:
"Section 59-24-10. Beginning with the school year 1996-97 1999-2000, any person appointed prior to permanent appointment as a principal for any elementary school, secondary school, or vocational center must be assessed for instructional leadership and management capabilities by the Assessment Center Leadership Academy of the South Carolina Department of Education and a personal professional development plan constructed on the basis of that assessment prior to or within one year of the date such appointment is made. Districts may appoint such persons on an interim basis until such time as the assessment is completed. A report of this assessment must be forwarded to the district superintendent and board of trustees. The provisions of this section do not apply to any persons currently employed as principals on the effective date of the provisions of this paragraph nor to any persons hired as principals before the beginning of school year 1996-97 1999-2000.
Section 59-24-30. All school administrators shall develop annually or update an on-going individual professional development plan with annual updates which is appropriate for their role or position. This plan shall support both their individual growth and organizational needs. Organizational needs must be defined by the districts' strategic plans or school renewal plans. Individuals completing the assessment for instructional leadership will develop their professional development plan on the basis of that assessment. The Department of Education shall assist school administrators in carrying out their professional development plans by reviewing the school and district plans and providing or brokering programs and services in the area of areas identified for professional development."
SECTION 4. Section 59-24-50 of the 1976 Code is amended to read:
"Section 59-24-50. The By January 1, 1999, the South Carolina Department of Education's Leadership Academy shall develop, in cooperation with school districts, district consortia, and state-supported institutions of higher education, new training programs and expand current training programs available to present and prospective school administrators with particular emphasis on effective instructional leadership continuous professional development programs which meet national standards for professional development and focus on the improvement of teaching and learning. By July 1, 1999, programs funded with state funds must meet these standards and must provide training, modeling and coaching By January 1, 1990, these training programs must include an emphasis on effective instructional leadership as it pertains to instructional leadership and school-based improvement, including instruction on the importance of school improvement councils and ways administrators may make school improvement councils an active force in school improvement. The training must be developed and conducted in collaboration with the School Council Assistance Project."
SECTION 5. Article 1, Chapter 24, Title 59 of the 1976 Code is amended by adding:
"Section 59-24-80. Beginning with school year 1999-2000, each school district, or consortium of school districts, shall provide school principals serving for the first time as the head building administrators with a formalized induction program in cooperation with the State Department of Education. The State Board of Education must develop regulations for the program based on the criteria and statewide performance standards which are a part of the process for assisting, developing, and evaluating principals employed in the school districts. The program must include an emphasis on the elements of instructional leadership skills, implementation of effective schools research, and analysis of test scores for curricular improvement."
SECTION 6. The 1976 Code is amended by adding:
"Certified education personnel who are employed as administrators on an annual or multi-year contract will retain their rights as a teacher under the provisions of Article 3, Chapter 19 and Article 5, Chapter 25 but no such rights are granted to the position or salary of administrator. Any such administrator who presently is under a contract granting such rights shall retain that status until the expiration of that contract."
SECTION 7. Section 59-6-10 of the 1976 Code is amended to read:
"Section 59-6-10. In order to assist in, recommend, and supervise implementation of programs and expenditure of funds for the Education Accountability Act and the Education Improvement Act of 1984 there is created a Select Committee the Education Oversight Committee is to serve as the oversight committee for the act these acts. The Select Committee Education Oversight Committee shall:
(1) review and monitor the implementation and evaluation of the Education Accountability Act and Education Improvement Act programs and funding;
(2) make programmatic and funding recommendations to the General Assembly;
(3) report annually to the General Assembly, State Board of Education, and the public on the progress of the programs;
(4) recommend Education Accountability Act and EIA program changes to state agencies and other entities as it considers necessary.
Each state agency and entity responsible for implementing the Education Accountability Act and the Education Improvement Act funded programs shall submit annually to the Select Committee Education Oversight Committee programs and expenditure reports and budget requests as needed and in a manner prescribed by the Select Committee Education Oversight Committee.
The committee consists of the following persons:
(1) Speaker of the House of Representatives or his designee and a member of the House of Representatives appointed by the Speaker;
(2) Lieutenant Governor President Pro Tempore or his designee and a member of the Senate appointed by the Lieutenant Governor President Pro Tempore;
(3) Chairman of the Education and Public Works Committee of the House of Representatives or his designee;
(4) Chairman of the Education Committee of the Senate or his designee;
(5) State Superintendent of Education or his designee;
(6) Chairman of the Commission on Higher Education or his designee;
(7 5) Governor or his designee and a member appointed by the Governor;
(8 6) Chairman of the Ways and Means Committee of the House of Representatives or his designee;
(9 7) Chairman of the Finance Committee of the Senate or his designee;
(8) Five members representing business and industry who must have experience in business, management, or policy to be appointed as follows: one by the Governor, one by the President Pro Tempore of the Senate, one by the Speaker of the House, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee; and
(9) Five members representing public education teachers and principals to be appointed as follows: one by the Governor, one by the President Pro Tempore of the Senate, one by Speaker of the House, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee.
Initial appointment must be made by July 31, 1998, and which time the Governor or his designee shall call the first meeting. A member of the General Assembly shall serve as chairman. At the initial meeting, a chairman elected from the members representing the business and industry appointees and a vice-chairman representing the education members shall be elected by a majority vote of the committee. The members appointed pursuant to item (1) through (7) may serve notwithstanding the provisions of Section 8-13-770. Their terms of office on the committee must be coterminous with their terms of office as Governor or members of the General Assembly.
(B) The terms of office of the members of the Education Oversight Committee, 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 appointed by the chairmen of the Education Committees;
(2) initial terms of three years shall be served by the members of the education community appointed by the President Pro Tempore and Speaker of the House; and
(3) all other voting members shall serve initial four year terms. The terms of chairman and vice-chairman shall be two years. At the end of each two year term, an election must be held for the chairmanship and vice-chairmanship by majority vote of the members attending with quorum present. No member shall serve more than four consecutive years as chairman or vice-chairman.
Members of the committee shall meet no less than once a quarter and annually shall submit their findings and recommendations to the General Assembly before March first of each fiscal year. The staff positions of the Select Committee and the people presently in those positions initially shall be transferred to the Education Oversight Committee as administrative staff to carry out its functions."
SECTION 8. Chapter 6, Title 59 of the 1976 Code is amended by adding:
"Section 59-6-100. Within the Education Oversight Committee, an Accountability Division must be established to report on the monitoring, development, and implementation of the performance based accountability system and reviewing and evaluating all aspects of the Education Accountability Act and the Education Improvement Act.
The Education Oversight Committee will employ, by a majority vote, for a contract term of three years an executive director for the Accountability Division. The director must be chosen solely on grounds of fitness to perform the duties assigned to him and must possess at least the following qualifications: a demonstrated knowledge of public education, experience in program evaluation, and experience in a responsible managerial capacity. No member of the General Assembly nor anyone who will have been a member for one year previously will be contracted to serve as director. The director will have the authority to employ, with the approval of the subcommittee, professional and support staff as necessary to carry out the duties of the division, which shall be separate from the administrative staff of the Education Oversight Committee.
Section 59-6-110. The division must examine the public education system to ensure that the system and its components and the EIA programs are functioning for the enhancement of student learning. The division will recommend the repeal or modification of statutes, policies, and rules that deter school improvement. The division must provide annually its findings and recommendations in a report to the Education Oversight Committee no later than February first. The division is to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts and:
(1) monitor and evaluate the implementation of the State standards and assessment;
(2) oversee the development, establishment, implementation and maintenance of the accountability system;
(3) monitor and evaluate the functioning of the public education system and its components, programs, policies, and practices and report annually its findings and recommendations in a report to the commission no later than February first of each year and;
(4) perform other studies and reviews as required by law.
The responsibilities of the division do not include fiscal audit functions or funding recommendations except as they relate to accountability. It is not a function of this division to draft legislation and neither the director nor any other employee of the division shall urge or oppose any legislation. In the performance of it duties and responsibilities, the division and staff members are subject to the statutory provisions and penalties regarding confidentiality of records as they apply to students, schools, school districts, the Department of Education, and the Board of Education.
Section 59-6-120. The State Department of Education, the State Board of Education, and the school districts and schools shall work collaboratively with the Division of Accountability to provide information needed to carry out the responsibilities and duties of its office. The Division of Accountability 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 9 . When parents are involved with their children's education, students achieve more, regardless of socio-economic status, ethnic/racial background, or the parents' education level. The more extensive the parent involvement, the higher level of the student achievement. Therefore, the Education Oversight Committee shall appoint a task force to review current state programs and policies for parent participation in their children's education. The task force is to look for ways to encourage and induce parents to oversee and support student academic performance and behavior that contributes to academic improvement. The membership of the task force should include: public school educators from rural, urban and suburban schools and districts; parents of public school children; social service representatives; and a juvenile justice representative. The task force must be appointed no later than September 1, 1998 and shall provide its report and recommendations to the Education Oversight Committee by October 15, 1999.
SECTION 10. Section 59-29-10 of the 1976 Code is amended to read:
"Section 59-29-10. The county board of education and the board of trustees for each school district shall see that in every school under their care there shall be taught, as far as practicable, orthography, reading, writing, arithmetic, geography, English grammar and instruction in phonics, the elements of agriculture, the history of the United States and of this State, the principles of the Constitutions of the United States and of this State, morals and good behavior, algebra, physiology and hygiene (especially as to the effects of alcoholic liquors and narcotics upon the human system), English literature, and such other branches as the state board may from time to time direct."
SECTION 11. Title 59, Chapter 63 of the 1976 Code is amended by adding:
"Section 59-63-65. School districts which choose to reduce class size to fifteen to one in grades one through three shall be eligible for funding for the reduced pupil-teacher ratios from funds provided by the General Assembly for this purpose. Funding for schools in districts designated as impaired or for schools rated as unsatisfactory on the accountability ratings will receive priority in the distribution of funds. Funding for the impaired district schools and schools ranked unsatisfactory will be allocated based on the average daily membership in grades one through three in those schools for implementing reduced class size of fifteen to one in those grades. Other school districts will receive funding allocated based on free and reduced lunch eligible students. Local match is required for the lower ratio funding based on the Education Finance Act formula. Boards of trustees of each school district may implement the lower pupil-teacher ratios on a school by school, grade by grade, or class by class basis. District boards of trustees implementing the reduced ratios must establish policies to give priority to reduce the ratios in schools with the highest number of students eligible for the federal free and reduced lunch program, and these students must be given priority in implementing the reduced class size. Unobligated funds from state appropriations which become available to a district during a fiscal year shall be redistributed to fund additional teachers on a prorated basis.
Districts choosing to implement the reduced class size must track the students served in classes with a 15:1 ratio for three years so that the impact of smaller class size can be evaluated. The Department of Education, working with the Accountability Division, will develop a plan for evaluating the impact of this initiative and report to the Education Oversight Committee no later than December 1, 2001. School districts must document the use of these funds to reduce class size and the State Department of Education will conduct audits to confirm appropriate use of class size reduction funding.
As used in this section, 'teacher' refers to an employee possessing a professional certificate issued by the State Department of Education whose full time responsibility is instruction of students. Pupil-teacher ratio is based on average daily membership.
Portable or other temporary classroom space may be used to meet any facilities needs for reducing class size to fifteen to one, and notwithstanding the provisions of Section 59-144-30, funding derived from the Children's Education Endowment Fund may be used to acquire such portable or temporary facilities."
SECTION 12. Section 59-6-12 of the 1976 Code is repealed.
SECTION 13. Sections 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, and 59-18-31 of the 1976 Code are repealed.
SECTION 14. The Department of Education must provide a copy of this act to every district superintendent and school principal in this State.
SECTION 15. The Code Commissioner is directed to change all references in the Code of Laws to the Select Committee so as to read the Education Oversight Committee.
SECTION 16. This act takes effect upon the approval by the Governor./
/s/Nikki G. Setzler /s/Ronald P. Townsend /s/James Bryan /s/Robert Harrell /s/Robert W. Hayes /s/Robert Walker On Part of the Senate. On Part of the House.
Renumber sections to conform.
Amend title to conform.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I was temporarily out of the Chamber when the vote was taken on the granting of free conference powers on S. 850. I would have voted yes and also yes on the adoption of the report.
Rep. THEODORE A. BROWN
As I stated in the Journal on Wednesday, January 28, when the House of Representatives gave second reading to H. 4399, our version of education accountability, I agree totally with very few Bills. I did not vote to provide free conference powers on S. 850, the Education Accountability Bill. In addition to my earlier statement, I believe S. 850 falls short because it did not contain the transferability provision which was in the House version. Also, S. 850 embarks on a slippery slope of providing more funds for education under the guise of reducing student/teacher ratios. There is no plan to do this and the evidence of what lower student/teacher ratios really accomplishes is, at best inconclusive. I desire to promote innovations in education rather than promote yet more spending. I would hope that the House would pursue innovations in education with the same amount of zeal it expends in appropriating more funding for education.
Rep. ALFRED B. ROBINSON, JR.
Rep. YOUNG-BRICKELL moved that the House recede until 2:45 P.M., which was adopted.
At 2:45 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. WALKER a leave of absence for the remainder of the day due to illness in the family.
The following was received.
Columbia, S.C., June 3, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 718:
S. 718 -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 863:
S. 863 -- Senators Holland, Washington and Short: A BILL TO AMEND SECTION 16-25-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PAROLE FOR AN INMATE WHO PRESENTS CREDIBLE EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF HIS SPOUSE, SO AS TO PROVIDE THAT THE INMATE MAY PRESENT THE EVIDENCE OF DOMESTIC VIOLENCE IN A POST-CONVICTION RELIEF HEARING.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.391, H. 4968 by a vote of 38 to 0.
(R391) H. 4968 -- Reps. Hawkins, Littlejohn, Lee and Davenport: AN ACT TO AMEND ACT 1195 OF 1958, AS AMENDED, RELATING TO THE WEST VIEW-FAIRFOREST FIRE DISTRICT CONTROL BOARD, SO AS TO INCREASE THE BOARD FROM THREE TO FIVE MEMBERS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
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 Senate has ordered the Bill enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5229 -- Reps. Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, 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, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, 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, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DIRECTOR JAMES A. MCCAULLEY FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO THE COUNTY OF RICHLAND, AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to the appropriate committee:
S. 109 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-705 SO AS TO DESIGNATE SANDLAPPER, THE MAGAZINE OF SOUTH CAROLINA, AS THE OFFICIAL MAGAZINE OF THE STATE.
Referred to Committee on Labor, Commerce and Industry.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3337 -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 1-23-310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 1-23-310. As used in this article:
(1) 'Administrative law judge' means a judge of the South Carolina administrative law judge division created pursuant to Section 1-23-500;
(1)(2) 'Agency' means each state board, commission, department or officer, other than the legislature or the courts, but to include the administrative law judge division, authorized by law to determine contested cases;
(2)(3) 'Contested case' means a proceeding, including, but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing;
(3)(4) 'License' includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes;
(4)(5) 'Party' means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;
(5)(6) 'Person' means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency."
SECTION 2. Section 1-23-320(d) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(d) The agency hearing a contested case may issue in the name of the agency subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on its own behalf or, upon request, on behalf of any other party to the case.
The administrative law judge division shall, on application of the agency any party to the proceeding enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records and shall have the power to punish as for contempt of court, by a fine or imprisonment or both, the unexcused failure or refusal to attend and give testimony or produce books, papers, and records as may have been required in any subpoena issued by the agency. A person to whom a subpoena has been issued may move before the administrative law judge for an order quashing or modifying the subpoena. The agency may issue to the sheriff of the county in which any hearing is held a warrant requiring him to produce at the hearing any witness who shall have ignored or failed to comply with any subpoena issued by the agency and duly served upon such witness. Such a warrant shall authorize the sheriff to arrest and produce at the hearing such witness, and it shall be his duty to do so; but the failure of a witness so to appear in response to any such subpoena may be excused on the same grounds as provided by law in the courts of this State as to the attendance of witnesses and jurors."
SECTION 3. Section 1-23-570 of the 1976 Code, as added by Act No. 181 of 1993, is amended to read:
"Section 1-23-570. The Chief Judge of the Administrative Law Judge Division is responsible for the administration of the division, including budgetary matters, assignment of cases, and the administrative duties and responsibilities of the support staff. The chief judge shall assign judges of the division to hear contested all cases of the various state departments and commissions for which it is responsible on a general rotation and interchange basis by scheduling and assigning administrative law judges based upon subject matter no less frequently than every six months."
SECTION 4. Section 1-23-580 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-580. (A) A clerk of the division, to be appointed by the chief judge, must be appointed and is responsible for the custody and keeping of the records of the division. The clerk of the division shall perform those other duties as the chief judge may prescribe.
(B) Each administrative law judge may appoint, hire, contract, and supervise an administrative assistant as individually allotted and authorized in the annual general appropriations act.
(C) The other support staff of the division is as authorized by the General Assembly in the annual general appropriations act and shall be hired, contracted, and supervised by the chief judge. The division may engage stenographers for the transcribing of the proceedings in which an administrative law judge presides. It may contract for these stenographic functions, or it may use stenographers provided by the agency or commission."
SECTION 5. Section 1-23-650 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:
"Section 1-23-650. Rules governing the internal administration and operations of the administrative law judge division shall be:
(1) proposed by the chief judge of the division and adopted by a majority of the judges of the division; or
(2) proposed by any judge of the division and adopted by seventy-five percent of the judges of the division.
Each administrative law judge may appoint, hire, contract, and supervise the support staff he is individually allotted pursuant to Section 1-23-580(B). Rules governing practice and procedure before the division which are:
(1) consistent with the rules of procedure governing civil actions in courts of common pleas; and
(2) not otherwise expressed in Chapter 23 of Title 1 of the 1976 Code;
shall upon approval by a majority of the judges of the division be promulgated by the division, and shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution; provided, however, the division shall adopt the South Carolina Rules of Civil Procedure as its temporary rules of procedure to remain in effect until permanent rules are promulgated pursuant to this section during the 1995 session of the General Assembly."
SECTION 6. Section 1-7-310 of the 1976 Code is amended to read:
"Section 1-7-310. There shall be is one solicitor for each judicial circuit, to be elected by the qualified electors of the circuit, who shall hold holds his office for the term of four years. A solicitor must be licensed to practice law by the South Carolina Bar at the time of his election and throughout his term.
Successors to solicitors whose terms expire in 1975 shall be elected in the general election of 1974 and each four years thereafter, and successors to those whose terms expire in 1977 shall be elected in the general election of 1976 and each four years thereafter."
SECTION 7. This act takes effect upon approval by the Governor./.
Amend title to conform.
/s/Glenn F. McConnell /s/F.G. "Greg" Delleney, Jr. /s/Robert Ford /s/William J. "Jeff" Young /s/Luke A. Rankin /s/Joseph D. "Joe" McMaster On Part of the Senate. On Part of the House.
Rep. DELLENEY explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
S. 1271 -- Senators Giese and Patterson: A BILL TO GRANT A WAIVER TO RICHLAND SCHOOL DISTRICT ONE IN RICHLAND COUNTY WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE ELEMENTARY SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.
Rep. SCOTT moved to waive Rule 5.15, which was agreed to by a division vote of 25 to 1.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1074 -- Senator Saleeby: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.
The following Bill was taken up.
S. 325 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
Reps. KLAUBER and HARRISON proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\2012MM.98), which was adopted.
Amend the bill, as and if amended, Section 38-53-100(A) as found in SECTION 2, page 8, line 31, delete /four five/ and insert /four/.
Amend further, Section 38-53-100(D) as found in SECTION 2, page 9, line 28, delete /license/ and insert /licensee/.
Amend further, Section 38-53-510 as found in SECTION 2, page 18, line 29, delete /and surety/.
Amend further, Section 38-53-320 as found in SECTION 2, page 19, line 4, delete /and surety/
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON explained the Bill.
Rep. KLAUBER spoke in favor of the Bill.
Rep. KIRSH moved to recommit the Bill.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bowers Clyburn Dantzler Davenport Kirsh Loftis Mason McMahand Meacham Moody-Lawrence Stille Stoddard Young-Brickell
Those who voted in the negative are:
Allison Bailey Barfield Barrett Battle Bauer Baxley Beck Breeland Brown, H. Campsen Carnell Chellis Cooper Cotty Cromer Delleney Easterday Edge Emory Fleming Gamble Gourdine Hamilton Harris Harrison Hawkins Hines, M. Hinson Inabinett Keegan Kelley Kinon Klauber Knotts Law Leach Littlejohn Lloyd Mack Martin McCraw McGee McKay McLeod McMaster Miller Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sheheen Smith, J. Smith, R. Spearman Stuart Tripp Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young
So, the House refused to recommit the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 1120 -- Senators Elliott and Rankin: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.
Rep. HOWARD asked unanimous consent to recall S. 249 from the Committee on Judiciary.
Rep. HARRISON objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 4535 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT FOR A PORTION OF TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE PERCENTAGE AMOUNT OF THE CREDIT AND ITS DURATION, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1995.
Reps. BOAN and WILKINS proposed the following Amendment No. 1a (Doc Name P:\AMEND\GJK\21612SD.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 59-149-10. Legislative Incentives for Future Excellence (LIFE) Scholarships are established which must be offered by the State. These scholarships cover the cost of attendance as defined by the Commission on Higher Education by regulation up to a maximum of two thousand dollars a year to eligible resident students attending Southern Association of Colleges and Schools (SACS) accredited public or independent four-year colleges and universities in this State and four-year colleges and universities chartered before 1962 whose main campus is located in this State, and to cover the cost of attendance up to a maximum of one thousand dollars a year to eligible resident students attending SACS accredited public or independent two-year colleges or universities in this State and technical colleges. Notwithstanding the above provisions of this section specifically excluded from those institutions eligible to receive LIFE scholarship funds under the provisions of this chapter are colleges and universities whose primary purpose is religious or theological training and the granting of professional degrees, for-profit institutions chartered after 1961, and institutions whose main campus is located out of this State. These LIFE scholarships must be granted and awarded as provided in this chapter.
Section 59-149-20. (A) To be eligible for a LIFE scholarship, a student must be considered a resident of this State as provided in this chapter.
(B) A student attending such a public or independent institution of this State and who is seeking a LIFE scholarship as a freshman meets the residency requirements of this chapter if he meets the requirements of Section 59-149-50(A) in regard to high school or home school graduation requirements and is classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution.
(C) Students receiving a Palmetto Fellows Scholarship are not eligible for a LIFE Scholarship under this chapter.
Section 59-149-30. Full-time enrollment as defined in Title IV of the Federal Higher Education Act is a requirement for eligibility. The student must be admitted, enrolled, and classified as a degree-seeking undergraduate student.
Section 59-149-40. These LIFE scholarships in combination with all other grants and scholarships shall not exceed the cost of attendance at the particular institutions referenced in Section 59-149-10.
Section 59-149-50. (A) To be eligible for a LIFE scholarship, a student must be either a member of a class graduating from a high school located in this State on or after May, 1995, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1995, or a student graduating from a preparatory high school outside this State on or after May, 1995, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and must also meet the requirements of subsection (B). In addition, beginning with the 1998-99 school year, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale, and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better beginning with school year 2000-2001, and 1100 or better beginning with school year 2002-2003; provided that if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a four-year public or independent institution of this State and does not make the required SAT score or the required high school grade point average, the student may earn a LIFE scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B).
(B) Students receiving a LIFE Scholarship to retain it and students currently enrolled in an eligible institution to receive a scholarship must earn a 3.0 cumulative grade point average on a 4.0 scale each year and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60.
(C) Students who were LIFE scholarship recipients seeking a degree at such a public or independent institution of this State during their freshman or other year who failed to earn a cumulative 3.0 at the end of the term they attempted the requisite number of hours required by subsection (B) may regain eligibility if their cumulative grade average is a 3.0 at the end of the term they have attempted at least sixty hours if they are a sophomore or ninety hours if they are a junior.
(D) By the year 2000, students graduating from high school to be eligible for a LIFE scholarship must have passed all courses required for a STAR diploma.
Section 59-149-55. Notwithstanding the requirements under this chapter for a LIFE Scholarship, in the case of a student enrolled in the South Carolina School for the Deaf and the Blind or the Wil Lou Gray Opportunity School whose handicap impacts on his ability to meet the requirements of this chapter, the student may forward an application for a LIFE Scholarship to the Commission on Higher Education. The commission shall review the application, degree of handicap, and special circumstances of the applicant. After a review, the commission may waive those requirements presenting a hardship to the handicapped student and order the award of a LIFE Scholarship.
Section 59-149-60. The student may receive a LIFE scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program. In addition, students in order to be eligible for these scholarships must enroll in such an accredited institution within two years of graduating from high school.
Section 59-149-70. The student must not be in default on a Federal Title IV or State of South Carolina educational loan, nor owe a refund on a Federal Title IV or State of South Carolina student financial aid program. If the student has repaid the defaulted loan or refund in full, he is eligible to obtain a LIFE scholarship in the future.
Section 59-149-80. Students transferring from one eligible public or independent institution of this State to another are eligible for a LIFE scholarship, if they continue to meet all eligibility requirements.
Section 59-149-90. (A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE scholarship.
(B) Regardless of the number of hours attempted, once the student has earned a bachelor's degree, he is ineligible for a LIFE scholarship to seek another degree.
(C) All students who earn a LIFE scholarship under this chapter or the Palmetto Fellows Scholarship shall be recognized at graduation from high school with a certificate issued by the Department of Education.
Section 59-149-100. Students enrolled in an eligible South Carolina institution qualify for a LIFE scholarship, even though they may not be physically present in South Carolina during all or part of the school term for which the LIFE scholarship applies. The student's institution must approve for credit a study-abroad or out-of-state program. Summer school may be substituted for one fall or spring semester in any year in a planned program of study.
Section 59-149-110. (A) Any credit hours attempted or earned before high school graduation, hours exempted by examination, or advanced placement credit hours do not count against the semester limits as provided in Section 59-149-60.
(B) No LIFE scholarship funds may be applied to the costs of continuing education or remedial courses.
Section 59-149-120. Any funds appropriated by the General Assembly to the Commission on Higher Education or any other agency, department, or institution to provide funding for these LIFE scholarships may be carried forward from fiscal year to fiscal year.
Section 59-149-130. The commission shall promulgate regulations and establish procedures to administer the provisions of this chapter. In addition, the commission must ensure accountability for the scholarship by monitoring the distribution of grades at the institutions which receive these scholarship funds.
Section 59-149-140. All institutions participating in the LIFE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision.
SECTION 2. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3385. (A) A student is allowed a refundable individual income tax credit of five hundred dollars in the case of four-year institutions and two hundred fifty dollars in the case of two-year institutions for tuition paid an institution of higher learning or a designated institution as provided for during a taxable year. The amount of the tax credit claimed up to the limits authorized in this section for any taxable year may not exceed the amount of tuition paid during that taxable year. Tuition credits may not be claimed for more than four consecutive years after the student enrolls in an eligible institution. However, extensions may be granted due to medical necessity as defined by the Commission on Higher Education. The credit may be claimed by the student or by an individual eligible to claim the student as a dependent on his federal income tax return, whoever actually paid the tuition. The department shall prescribe a form for claiming the credit.
(B) As used in this section:
(1) 'Institution of higher learning' means a public institution defined in Section 59-103-5 and an independent institution as defined in Section 59-113-50.
(2) A designated 'institution of higher learning' means a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which has attained 501(C)3 tax status and is accredited by the Southern Association of Colleges and Secondary Schools or the New England Association of Colleges and Schools; or a public or independent two-year institution which has attained 501(C)3 tax status. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'institution of higher learning' as defined in this section.
(3) 'Student' means an individual enrolled in an institution of higher learning:
(a) eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations;
(b) who has completed at least fifteen semester hours or its equivalent as determined by the Commission on Higher Education and who is admitted, enrolled, and classified as a degree-seeking undergraduate or enrolled in a certificate or diploma program of at least one year;
(c) who, within twelve months before enrolling:
(i) graduated from a high school in this State;
(ii) successfully completed a high school home school program in this State in the manner required by law; or
(iii) graduated from a preparatory high school outside this State while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent;
(d) not in default on a federal Title IV or State of South Carolina educational loan, nor who owes a refund on a federal Title IV or a State of South Carolina student financial aid program;
(e) who has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this State, any other state or comparable jurisdiction, or of the United States;
(f) making satisfactory progress toward graduation as defined by the institution;
(g) who is not a Palmetto Fellowship recipient;
(h) who is not a LIFE Scholarship recipient.
(4) 'Tuition' means the amount charged, including required fees, necessary for enrollment. Higher education tuition at an independent institution means the average tuition at the four-year public institutions of higher learning as defined in Section 59-103-15(B)(2). Before calculating the credit, there must be deducted from tuition any amounts received toward its payment by any other scholarship grants."
SECTION 3. This act takes effect upon approval by the Governor; provided, however, the provisions of SECTION 2 are effective for taxable years beginning after 1997 and applies only for persons graduating from high school during or after May, 1998; and provided further, that for the calendar year 1998 only, the tax credits provided for in Section 12-6-3385 in the case of four-year institutions shall be two hundred fifty dollars and the tax credits in the case of two-year institutions shall be one hundred twenty-five dollars./
Amend title to read:
/TO AMEND TITLE 59, OF THE 1976 CODE BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; AND BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 757 -- Senators Ravenel and Mescher: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-65, SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED, BY ADDING SECTION 6-11-66 TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS WILL BE ELECTED ON AN AT-LARGE BASIS IN A NON-PARTISAN ELECTION AT THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ELECTIONS HELD PURSUANT TO THIS ACT.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
The Senate amendments to the following Joint Resolution was taken up for consideration.
H. 4998 -- Reps. Boan and Lanford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PLEDGING OF THE CREDIT OF THE STATE AND PROHIBITING OWNERSHIP OF THE STATE IN A COMPANY, ASSOCIATION, OR CORPORATION, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES.
Rep. LANFORD moved to waive Rule 5.15, which was agreed to by a division vote of 65 to 1.
The Speaker stated that the Joint Resolution needed three readings in its present form to satisfy Constitutional requirements.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, J. Campsen Canty Cato Chellis Clyburn Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hines, J. Hinson Inabinett Jennings Keegan Kennedy Kinon Klauber Knotts Koon Lanford Law Leach Lee Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Tripp Vaughn Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
So, the Joint Resolution, as amended by the Senate, having received the necessary two-thirds vote, was passed and ordered to second reading under Senate amendments.
The following were received and referred to the appropriate committees for consideration.
Document No. 2309
Promulgated By Department of Labor, Licensing and Regulation Board of Long Term Health Care Administrators
Statutory Authority: 1976 Code Section 40-35-230
Examination; Scheduling and Grading
Received By Speaker June 3, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date October 1, 1998
(Subject to Sine Die Revision)
Document No. 2313
Promulgated By Department of Labor, Licensing and Regulation Commissioners of Pilotage
Statutory Authority: 1976 Code Section 54-15-140
Port of Georgetown-Short Branch Qualification
Received By Speaker June 3, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date October 1, 1998
(Subject to Sine Die Revision)
The following was introduced:
H. 5230 -- Reps. Limehouse, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, 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, Emory, Felder, Fleming, Gamble, 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, Knotts, Koon, Lanford, Law, Leach, Lee, 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, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF COLONEL EUGENE DEWEY FOXWORTH, JR., OF CHARLESTON, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, the members of the House of Representatives were deeply saddened to learn of the death of retired Marine Colonel Eugene Dewey Foxworth, Jr., of Charleston, a former state representative for Charleston District 110, who died at his home on June 2, 1998; and
Whereas, Colonel Foxworth was born September 28, 1927, in Raleigh, North Carolina, the son of the late Eugene Dewey Foxworth and Louise Mitchell Foxworth. He was a graduate of The Citadel, Class of 1950, and later received his master's degree in public administration from George Washington University in 1963; and
Whereas, Colonel Foxworth had a distinguished career spanning twenty-two years of service in the United States Marine Corps, including service as commander of an artillery battery in the Korean War and as a battalion commander in the Vietnam War. While still on active duty in the Marines, Colonel Foxworth was returned to his alma mater, and trained the first class of Naval ROTC Cadets at The Citadel; and
Whereas, following his retirement from the Marine Corps, Colonel Foxworth started his own business in Charleston, Foxworth Decorative Hardware Company. He was a highly respected citizen who was active in Charleston politics, as a member, and later chairman, of the City of Charleston Republican Party. He was on the Charleston County School Board from 1982 to 1984, and served as a member of the House of Representatives from 1985 to 1988; and
Whereas, Colonel Foxworth was appointed by Governor Campbell to the State Board of Technical and Comprehensive Education in 1992, serving until his death. He was a member of the Hibernian Society, the Sons of Confederate Veterans, the Charleston Yacht Club, and the Carolina Yacht Club. Colonel Foxworth was also an active member of St. Phillip's Episcopal Church, Charleston; and
Whereas, Colonel Foxworth, a devoted family man, husband, and father, is survived by his wife, Mrs. Susan Inman Foxworth; three daughters, Elizabeth F. Fritz of Spartanburg, Julia M. Foxworth of Charleston, and Christine F. Reilly of Okinawa; a son, Eugene D. Foxworth, III, of Charleston; a stepdaughter Heather Key of Charleston; three stepsons, Bart Key of Charlotte, and David Key and Matthew Key, both of Charleston; and seven grandchildren; and
Whereas, the members of the House of Representatives, by this resolution, hereby express their deepest sympathy to his widow, his children, family and friends upon the death of this truly fine gentleman. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives hereby express their deepest sympathy to the family of Colonel Eugene Dewey Foxworth, Jr., of Charleston, who died at his home on June 2, 1998.
Be it further resolved that a copy of this resolution be forwarded to his widow, Mrs. Susan Inman Foxworth, of Charleston.
The Resolution was adopted.
The following was introduced:
H. 5231 -- Rep. McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 395 IN NEWBERRY COUNTY FROM THE KEMPSON FERRY BRIDGE TO THE BUSH RIVER BRIDGE AS JUDGE WALTER LAKE ROAD IN MEMORY OF THE LATE HONORABLE WALTER LAKE WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF NEWBERRY WITH DISTINCTION AS THE FIRST FAMILY COURT JUDGE FOR THE EIGHTH JUDICIAL CIRCUIT, AS A STATE REPRESENTATIVE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND AS A COMMISSIONER ON THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5232 -- Reps. Emory and Boan: A CONCURRENT RESOLUTION CONGRATULATING THE INDIAN LAND HIGH SCHOOL "LADY WARRIORS" SOFTBALL TEAM OF FORT MILL AND COACH DON PITTMAN FOR THEIR 29-3 SEASON CAPPED BY WINNING THEIR SECOND STRAIGHT CLASS A STATE SOFTBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5233 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MR. PEARL FRYAR OF LEE COUNTY FOR HIS CONTRIBUTIONS TO HIS COMMUNITY AND TO THE PALMETTO STATE, AND DESIGNATING JUNE 27, 1998, AS "PEARL FRYAR DAY" IN SOUTH CAROLINA.
Whereas, Mr. Pearl Fryar, a native of Clinton, North Carolina, who has made Bishopville in Lee County his home for the past twenty-two years, has achieved national and international recognition; and
Whereas, Mr. Fryar, who is a self-taught topiary artist, has become known and extremely popular for his lectures and seminars to gardeners all over the United States; and
Whereas, Fryar's Topiary Garden, located in Bishopville, has become a popular tourist attraction for people from all over the United States and abroad; and
Whereas, because of his unique talent, Mr. Fryar has been featured on numerous local, regional, and national television programs. Photographs of his unique topiary garden have appeared in the most prestigious garden magazines in the country. He is in great demand as a speaker and lecturer; and
Whereas, he has been invited to speak at prestigious garden shows in Atlanta, St. Louis, Lexington, Baltimore, New Orleans, Little Rock, Charlotte, and many other places; and
Whereas, Mr. Fryar was commissioned to design a garden at the internationally acclaimed Spoleto Festival in Charleston, along with master ironworker Phillip Simmons. Their Heart Garden remains as a tourist attraction in the heart of the city; and
Whereas, Mr. Fryar was commissioned by the South Carolina State Museum to design and maintain topiary pieces at the entrance to the museum. He was also featured in the museum's Still Worth Keeping art exhibit in 1998; and
Whereas, Mr. Fryar is always willing to donate his time to visitors who come to see his garden and to learn his techniques. He has worked with groups of underprivileged children, serving as a role model for them; and
Whereas, Mr. Fryar's humanitarian ideals have transcended the barriers of race, age, sex, and creed. He inspires others to live in harmony with their fellowman, and he himself serves as a role model of the best of humanity. His artistic influence can be seen throughout Lee County; and
Whereas, we are pleased to have the opportunity to recognize in this special manner such an outstanding South Carolinian. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, commends Mr. Pearl Fryar of Lee County for his contributions to his community and to the Palmetto State and designates June 27, 1998, as "Pearl Fryar Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Mr. Fryar.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up.
S. 1120 -- Senators Elliott and Rankin: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.
Rep. FELDER moved to waive Rule 5.15, which was agreed to by a division vote of 34 to 0.
Reps. FELDER and J. BROWN proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15705DW.98), which was ruled out of order.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 27-31-20(b) of the 1976 Code is amended to read:
"(b) 'Building' means a an existing or proposed structure or structures, containing in the aggregate two or more apartments, comprising a part of the property;"
SECTION 2. Section 27-31-20(f) of the 1976 Code is amended to read:
"(f) 'General common elements' means and includes the following items in existence, or to be constructed or installed:"
SECTION 3. Section 27-31-20(k) of the 1976 Code is amended to read:
"(k) 'Property' means and includes the land in existence or yet to be constructed whether leasehold or in fee simple and whether or not submerged, the building, all improvements, and structures on the land, in existence or to be constructed, and all easements, rights, and appurtenances belonging thereto;"
SECTION 4. Section 27-31-30 of the 1976 Code is amended to read:
"Section 27-31-30. Whenever a lessee, sole owner or the co-owners of property expressly declare, through the recordation of a master deed or lease, which shall set forth the particulars enumerated in Section 27-31-100, their desire to submit their property to the regime established by this chapter, there shall thereby be established a horizontal property regime. Property may be submitted to a horizontal property regime prior to construction or the completion of any building or apartment, improvements, or structures on the property."
SECTION 5. Section 27-31-100(a) of the 1976 Code is amended to read:
"(a) The description of the land whether leased or in fee simple and the building or buildings in existence or to be constructed if applicable, expressing their respective areas;"
SECTION 6. Section 27-31-110 of the 1976 Code is amended to read:
"Section 27-31-110. There must be attached to the master deed or lease, at the time it is filed for record a map or plat showing the horizontal and vertical location of any building which is proposed or in existence and other improvements within the property boundary, which shall have the seal and signature of a registered land surveyor licensed to practice in this State. There must also be attached a plot plan of the completed or proposed construction showing the location of the building which is proposed or in existence and other improvements, and a set of floor plans of the building which must show graphically the dimensions, area, and location of each apartment therein and the dimension, area, and location of common elements affording access to each apartment. Other common elements, both limited and general, must be shown graphically insofar as possible and must be described in detail in words and figures. The building plans must be certified to by an engineer or architect authorized and licensed to practice his profession in this State."
SECTION 7. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. FELDER explained the amendment.
Rep. EDGE spoke in favor of the amendment.
Rep. HAMILTON raised a Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. FELDER moved to recommit the Bill, which was agreed to.
Rep. HARRISON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Barrett Battle Bauer Baxley Beck Bowers Brown, J. Byrd Campsen Canty Carnell Cave Chellis Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Keegan Kelley Kennedy Klauber Knotts Koon Lanford Law Leach Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Quinn Rhoad Rice Riser Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. McKAY, KEEGAN and HARRISON to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 12-24-40 of the 1976 Code, as amended by Act 73 of 1997, is further amended to read:
"Section 12-24-40. Exempted from the fee imposed by this chapter are deeds:
(1) transferring realty in which the value of the realty, as defined in Section 12-24-30, is equal to or less than one hundred dollars;
(2) transferring realty to the federal government or to a state, its agencies and departments, and its political subdivisions, including school districts;
(3) that are otherwise exempted under the laws and Constitution of this State or of the United States;
(4) transferring realty in which no gain or loss is recognized by reason of Section 1041 of the Internal Revenue Code as defined in Section 12-6-40(A);
(5) transferring realty in order to partition realty, as long as no consideration is paid for the transfer other than the interests in the realty that are exchanged in order to effect the partition;
(6) transferring an individual grave space at a cemetery owned by a cemetery company licensed under Chapter 55 of Title 39;
(7) that constitute a contract for the sale of timber to be cut;
(8) transferring realty to a corporation, a partnership, or a trust as a stockholder, partner, or trust beneficiary of the entity or so as to become a stockholder, partner, or trust beneficiary of the entity as long as no consideration is paid for the transfer other than stock in the corporation, interest in the partnership, beneficiary interest in the trust, or the increase in value in the stock or interest held by the grantor. However, except for transfers from one family trust to another family trust without consideration, the transfer of realty from a corporation, a partnership, or a trust to a stockholder, partner, or trust beneficiary of the entity is subject to the fee, even if the realty is transferred to another corporation, a partnership, or trust;
(9) transferring realty from a family partnership to a partner or from a family trust to a beneficiary, as long as no consideration is paid for the transfer other than a reduction in the grantee's interest in the partnership or trust. A 'family partnership' is a partnership whose partners are all members of the same family. A 'family trust' is a trust in which the beneficiaries are all members of the same family. 'Family' means the grantor, the grantor's spouse, parents, grandparents, sisters, brothers, children, stepchildren, grandchildren, and the spouses and lineal descendant of any of them, and the grantor's and grantor's spouse's heirs under a statute of descent and distribution. A 'family partnership' or 'family trust' also includes charitable entities, other family partnerships and family trusts of the grantor, and charitable remainder and charitable lead trusts, if all the beneficiaries are charitable entities or members of the grantor's family. A 'charitable entity' means an entity which may receive deductible contributions under Section 170 of the Internal Revenue Code as defined in Section 12-6-40(A);
(10) transferring realty in a statutory merger or consolidation from a constituent corporation to the continuing or new corporation;
(11) transferring realty in a merger or consolidation from a constituent partnership to the continuing or new partnership;
(12) that constitute a corrective deed or a quitclaim deed used to confirm title already vested in the grantee, as long as no consideration is paid or is to be paid under the corrective or quitclaim deed.;
(13 ) transferring realty subject to a mortgage to the mortgagee whether by a deed in lieu of foreclosure executed by the mortgagor or deed executed pursuant to foreclosure proceedings."
SECTION 2. This act takes effect upon approval by the Governor and applies with respect to deeds recorded on or after that date./
Amend title to read:
TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPT FROM THE RECORDING FEE, SO AS TO EXEMPT DEEDS IN LIEU OF FORECLOSURE AND DEEDS EXECUTED PURSUANT TO FORECLOSURE PROCEEDINGS./
/s/Ernest L. Passailaigue, Jr. /s/Woodrow M. McKay /s/Nikki G. Setzler /s/Thomas G. Keegan /s/Robert W. Hayes, Jr. /s/James H. Harrison On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The SPEAKER granted Rep. BYRD a leave of absence for the remainder of the day.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, with amendments, on:
S. 719 -- Senator Jackson: A CONCURRENT RESOLUTION TO REQUEST THE NATIONAL PARK SERVICE TO AUTHORIZE THE PLACEMENT OF A MARKER ON THE GROUNDS OF THE FORT MOULTRIE NATIONAL MONUMENT THAT RECOGNIZES THE ROLE OF SULLIVAN'S ISLAND AS THE "ELLIS ISLAND" FOR THE ENTRY OF AFRICAN-AMERICANS INTO THIS COUNTRY.
On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 719 -- Senator Jackson: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF TRANSPORTATION TO CAUSE TO BE ERECTED ALONG POE AVENUE NEAR THE FORT MOULTRIE NATIONAL MONUMENT ON SULLIVAN'S ISLAND A HISTORICAL MARKER THAT RECOGNIZES THE ROLE OF SULLIVAN'S ISLAND AS A POINT OF ENTRY OF AFRICAN-AMERICANS INTO THIS COUNTRY.
Whereas, Sullivan's Island has been recognized by some historians for its role as a point of origin for the entry of African-Americans into this country, as more than 200,000 slaves arrived there between 1700 and 1775; and
Whereas, an appropriate marker should be placed on the Island to officially recognize its historical significance to African-Americans as well as to the general population; and
Whereas, the ideal location for such a marker is a site near the Fort Moultrie National Monument. Now therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly to direct the Department of Archives and History and the Department of Transportation to cause to be erected along Poe Avenue (State Secondary Road 908) near the Fort Moultrie National Monument on Sullivan's Island a historical marker that recognizes the role of Sullivan's Island as a point of entry of African-Americans into this country.
Be it further resolved that the language of the historical marker shall be approved by the Department of Archives and History, the African-American History Monument Commission, and the Town Council of the Town of Sullivan's Island.
Reps. QUINN, CAMPSEN and WHIPPER proposed the following Amendment No. 1 (Doc Name L:S-RES\LEGIS\AMEND\719R003.KAD), which was adopted.
Amend the resolution, as and if amended, by striking the resolution in its entirety and inserting in lieu thereof the following:
/TO DIRECT THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF TRANSPORTATION TO CAUSE TO BE ERECTED ALONG POE AVENUE NEAR THE FORT MOULTRIE NATIONAL MONUMENT ON SULLIVAN'S ISLAND A HISTORICAL MARKER THAT RECOGNIZES THE ROLE OF SULLIVAN'S ISLAND AS A POINT OF ENTRY OF AFRICAN-AMERICANS INTO THIS COUNTRY.
Whereas, Sullivan's Island has been recognized by some historians for its role as a point of origin for the entry of African-Americans into this country, as more than 200,000 slaves arrived there between 1700 and 1775; and
Whereas, an appropriate marker should be placed on the Island to officially recognize its historical significance to African-Americans as well as to the general population; and
Whereas, the ideal location for such a marker is a site near the Fort Moultrie National Monument. Now therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly to direct the Department of Archives and History and the Department of Transportation to cause to be erected along Poe Avenue (State Secondary Road 908) near the Fort Moultrie National Monument on Sullivan's Island a historical marker that recognizes the role of Sullivan's Island as a point of entry of African-Americans into this country.
Be it further resolved that the language of the historical marker shall be approved by the Department of Archives and History, the African-American History Monument Commission, and the Town Council of the Town of Sullivan's Island./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The following was received.
Columbia, S.C., June 3, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3337 -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.
The Senate has ordered the Bill enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate amendments to the following Bill were taken up for consideration.
H. 3069 -- Reps. Limehouse, Seithel, Bailey and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500 SO AS TO ALLOW A NONREFUNDABLE CREDIT AGAINST A TAXPAYER'S STATE INCOME TAX LIABILITY FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A QUALIFIED SOUTH CAROLINA FILM ENTERPRISE, TO PROVIDE DEFINITIONS, AND TO PROVIDE AN ADDITIONAL STATE CORPORATE INCOME TAX CREDIT FOR AMOUNTS INVESTED IN THE CONSTRUCTION OF A MOTION PICTURE PRODUCTION FACILITY IN THIS STATE.
Rep. R. SMITH explained the Senate amendment.
Rep. R. SMITH moved to waive Rule 5.15, which was agreed to by a division vote of 75 to 0.
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 SPEAKER granted Rep. J. BROWN a leave of absence.
The following was received.
Columbia, S.C., June 3, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 757:
S. 757 -- Senators Ravenel and Mescher: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-65, SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED, BY ADDING SECTION 6-11-66 TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS WILL BE ELECTED ON AN AT-LARGE BASIS IN A NON-PARTISAN ELECTION AT THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ELECTIONS HELD PURSUANT TO THIS ACT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 3, 1998
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. 4975:
H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
Very respectfully,
President
On motion of Rep. CATO, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. BAILEY, ASKINS and SEITHEL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., June 3, 1998
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. 4755:
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.
Very respectfully,
President
On motion of Rep. CATO, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. SANDIFER, COBB-HUNTER and LAW to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., June 3, 1998
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. 3603:
H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARD A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. COTTY, CAMPSEN and GOVAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., June 3, 1998
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. 4802:
H. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
Very respectfully,
President
On motion of Rep. McKAY, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. McKAY, KEEGAN and KOON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 3, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4886:
H. 4886 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-565 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH "ARCHERY EQUIPMENT", "BOW AND ARROWS", AND "CROSSBOWS" MAY BE USED IN THE HUNTING AND TAKING OF CERTAIN GAME.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate amendments to the following Bill were taken up for consideration.
H. 4767 -- Reps. Young, Harrison and Wilkins: A BILL TO AMEND SECTION 14-1-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURCHARGE IMPOSED ON A PERSON CONVICTED IN GENERAL SESSIONS COURT, SO AS TO PROVIDE THAT THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE SHALL NOT BE USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM BUT ONLY FOR VICTIMS' SERVICES; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONCERNING VICTIM AND WITNESS SERVICES, SO AS TO PROVIDE DEFINITIONS RELATING TO VICTIMS OF CRIME AND CRIMINAL OFFENSES; AND TO AMEND SECTION 16-3-1525 RELATING TO THE ARREST OR DETENTION OF A PERSON ACCUSED OF COMMITTING AN OFFENSE, CERTAIN NOTIFICATION PROVIDED TO CRIME VICTIMS, PROTECTION PROVIDED TO CERTAIN WITNESSES, AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY IS NOT RESPONSIBLE FOR PROVIDING A VICTIM NOTICE OF A BOND HEARING.
Rep. YOUNG explained the Senate amendment.
Rep. YOUNG moved to waive Rule 5.15, which was agreed to by a division vote of 49 to 4.
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. 3985 -- Reps. Seithel, Allison, Spearman, Meacham, Altman, Mason, Fleming, Campsen, Lee, Rodgers, Neilson, Cobb-Hunter, Byrd, Cato, Hinson, Simrill, Loftis, Mullen, Miller, Moody-Lawrence, Limehouse, Gamble and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE OMNIBUS HEALTH BENEFITS AND EDUCATION ACT OF 1997 BY ADDING SECTION 38-33-325 SO AS TO REQUIRE HEALTH BENEFIT PLANS TO ALLOW FEMALE PARTICIPANTS DIRECT ACCESS, WITHOUT REFERRAL, TO OBSTETRICAL AND GYNECOLOGICAL HEALTH CARE SERVICES WITHIN THE PLAN BENEFITS AND TO REQUIRE THE PLAN TO INFORM FEMALE PARTICIPANTS IN WRITING OF THIS REQUIREMENT; BY ADDING SECTION 38-71-125 SO AS TO REQUIRE THAT INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS PROVIDING FOR HOSPITALIZATION FOR MASTECTOMIES TO PROVIDE HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS IF CONSIDERED MEDICALLY NECESSARY BY THE ATTENDING PHYSICIAN AND PROVIDE FOR RELATED MATTERS; BY ADDING SECTION 38-71-145 SO AS TO REQUIRE AN INSURER TO INCLUDE COVERAGE FOR MAMMOGRAMS, PAP SMEARS, PROSTATE CANCER EXAMINATIONS, SCREENING, AND DIAGNOSTIC LABORATORY WORK; BY ADDING SECTION 38-71-225 SO AS TO REQUIRE INDIVIDUAL OR GROUP ACCIDENT AND HEALTH OR HEALTH INSURANCE POLICIES TO INCLUDE COVERAGE FOR BONE MASS MEASUREMENT FOR THE PREVENTION, DIAGNOSIS, AND TREATMENT OF OSTEOPOROSIS; BY ADDING SECTION 44-1-280 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A HEART DISEASE EDUCATION AND PREVENTION PROGRAM; AND BY ADDING CHAPTER 125 TO TITLE 44 SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
Rep. CATO explained the Senate amendment.
Rep. CATO moved to waive Rule 5.15, which was agreed to by a division vote of 52 to 4.
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 following was introduced:
H. 5234 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. ELIZABETH BENTON FOR HER OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF AIKEN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA AND EXTENDING BEST WISHES FOR HAPPINESS UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5235 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING ROSEMARY B. ENGLISH FOR HER OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF AIKEN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA AND EXTENDING BEST WISHES FOR HAPPINESS UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7900. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to Section 501(C)(3) of the federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.
The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate;
(2) a plan to market the sale of the special license plate which must be approved by the department.
(C) If the department receives less than four hundred biennial applications and renewals for a particular plate authorized under this section, it shall not produce additional plates in that series. The department shall continue to issue plates of that series until the existing inventory is exhausted.
(D) Only certified members of organizations, as set forth by the organization, may be issued a special license plate pursuant to this section. Each certified member may only apply for one special license plate for each vehicle registered in his name.
(E) Before the department produces and distributes a special license plate created by the General Assembly, it must receive:
(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(F) If the department receives less than four hundred biennial applications and renewals for a particular special license plate created by the General Assembly, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-8000. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, logo, or other symbol of the H. L. Hunley submarine. The Hunley Commission shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The Hunley Commission may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is one hundred dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to the Fund to Save the Hunley created by the Hunley Commission or another nonprofit fund designated by the commission for the continued curation of the Hunley submarine. Any such fund must be administered by the Hunley Commission and may be used only for efforts to raise, restore, and preserve the Hunley submarine. Any funds collected must be deposited in an appropriate nonprofit account designated by the Hunley Commission. The distribution shall be thirty dollars to the department and seventy dollars to the Hunley Commission for each special license plate sold.
(C) The department shall reserve the first twelve license plates for use by the Hunley Commission.
SECTION 3. Section 56-3-3710(A) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(A) The department may issue to owners of private passenger motor vehicles special motor vehicle license plates which may have imprinted on them an emblem, a seal, or other symbol the department considers appropriate of a public college or university or independent institution of higher learning, defined in Section 59-113-50, located in this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol not more than once every five years once the existing inventory of the license plate has been exhausted. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
SECTION 4. This act takes effect upon approval by the Governor."/
Amend title to read:
/TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLES 78 AND 79 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE COMMEMORATING THE H. L. HUNLEY SUBMARINE; 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. /
/s/Senator Kay Patterson /s/Rep. Lanny F. Littlejohn /s/Senator C. Bradley Hutto /s/Rep. Elsie Rast Stuart /s/Senator Arthur Ravenel, Jr. /s/Rep. Joseph H. Neal On Part of the Senate. On Part of the House.
Rep. LITTLEJOHN explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. QUINN moved to reconsider the vote whereby Amendment No. 1 was adopted on S. 719 and the motion was noted.
Rep. NEAL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4978 -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF EAST GREER STREET IN THE TOWN OF HONEA PATH IN ANDERSON COUNTY "FRED T. MOORE FOUR LANE."
H. 4979 -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 413 IN ANDERSON COUNTY THE "M. E. MCDONALD HIGHWAY."
H. 5221 -- Reps. Cave, Rhoad and Campsen: A CONCURRENT RESOLUTION TO RECOGNIZE DR. HENRY LUCIUS LAFFITTE OF ALLENDALE FOR HIS FIFTY YEARS OF OUTSTANDING, DEDICATED SERVICE TO THE CITIZENS OF ALLENDALE COUNTY AND THE MEDICAL COMMUNITY.
H. 5222 -- Rep. Miller: A CONCURRENT RESOLUTION COMMENDING AND THANKING JOHNATHAN MOULTRIE OF GEORGETOWN FOR HIS OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF GEORGETOWN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA, AND EXTENDING BEST WISHES TO HIM FOR HAPPINESS FOLLOWING HIS RETIREMENT.
H. 5223 -- Reps. R. Smith and Beck: A CONCURRENT RESOLUTION CONGRATULATING THE NORTH AUGUSTA SWARM BASKETBALL TEAM ON WINNING THE YOUTH BASKETBALL OF AMERICA SOUTH CAROLINA CHAMPIONSHIP AND WISHING THEM GOOD LUCK IN THE NATIONAL CHAMPIONSHIP IN JULY.
H. 5224 -- Reps. Cave and Scott: A CONCURRENT RESOLUTION TO RECOGNIZE THE COURAGE OF MRS. PINKIE SMITH JOHNSON OF ALLENDALE COUNTY IN FURTHERING THE CAUSES OF EDUCATION, CIVIL RIGHTS, AND VOTER REGISTRATION IN SOUTH CAROLINA.
H. 5225 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE CLARENDON COUNTY TUTOR-MENTOR PROGRAM ON RECEIVING THE "COMMUNITY GROUP OF THE YEAR" AWARD FROM THE SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE.
H. 5226 -- Reps. Bauer, Koon, Knotts and Fleming: A CONCURRENT RESOLUTION COMMENDING AND THANKING WAYNE REYNOLDS CORLEY FOR HIS DEDICATED SERVICE TO THE IRMO FIRE DISTRICT.
H. 4675 -- Rep. Harrison: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO AMEND THE UNITED STATES CODE TO PERMIT FULL CONCURRENT RECEIPT OF MILITARY LONGEVITY RETIREMENT PAY AND SERVICE-CONNECTED DISABILITY COMPENSATION BENEFITS.
H. 5148 -- Rep. Quinn: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF AUGUST, 1998, AS "GANG VIOLENCE AWARENESS MONTH" IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE, AND TO REQUEST THE ATTORNEY GENERAL TO PROVIDE A REPORT TO THE GENERAL ASSEMBLY ON THE STATUS OF GANG VIOLENCE IN SOUTH CAROLINA TO INFORM PARENTS AND OTHERS OF THE PROBLEM OF CRIMINAL GANGS.
H. 5206 -- Reps. Quinn, Bauer and Riser: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE IRMO FIRE DISTRICT FOR ITS MANY ACCOMPLISHMENTS AND OUTSTANDING SERVICE TO THE PUBLIC.
H. 5207 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO SENIOR RAYMOND PRIESTER, STUDENT AND OUTSTANDING FOOTBALL PLAYER, OF CLEMSON UNIVERSITY ON HIS EXCEPTIONAL CAREER AND CONTRIBUTIONS AS TAILBACK FOR THE "TIGERS" FOOTBALL TEAM.
H. 5229 -- Reps. Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, 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, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, 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, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DIRECTOR JAMES A. McCAULLEY FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO THE COUNTY OF RICHLAND, AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT.
H. 5232 -- Reps. Emory and Boan: A CONCURRENT RESOLUTION CONGRATULATING THE INDIAN LAND HIGH SCHOOL "LADY WARRIORS" SOFTBALL TEAM OF FORT MILL AND COACH DON PITTMAN FOR THEIR 29-3 SEASON CAPPED BY WINNING THEIR SECOND STRAIGHT CLASS A STATE SOFTBALL CHAMPIONSHIP.
At 6:20 P.M. the House in accordance with the motion of Rep. PINCKNEY adjourned in memory of Evelyn Pinckney of Ridgeland, grandmother of Representative PINCKNEY, to meet at 10:00 A.M. tomorrow.
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