Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, it will be a short week. As we go home to our people to commemorate Good Friday and celebrate the Passover and Easter, hear the ancient words of the prophet Isaiah, Chapter 53 (vv.4-5):
"Surely he hath borne our griefs,
and carried our sorrows:
Yet we did esteem him stricken,
smitten of God, and afflicted.
But he was wounded for our transgressions,
He was bruised for our iniquities:
The chastisement of our peace was upon him;
And with his stripes we are healed."
Let us pray.
O Lord, help us to be strengthened in the hour when goodness is crucified and know that beyond the Cross is the Crown of Life!
Help us to manage our moods with creative faith and master our temptations with confident strength which is the overflow of hearts filled with the living presence of God!
Amen!
At 11:06 A.M., Senator SALEEBY made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Bryan Cork Courson Courtney Drummond Fair Ford Giese Glover Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Rose Russell Ryberg Saleeby Setzler Short J. Verne Smith Thomas Waldrep Washington Williams Wilson
A quorum being present, the Senate resumed.
Senator ELLIOTT recorded his presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 10, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Theresa B. Rollings, Post Office Box 518, Lancaster, S.C. 29721 VICE John L. Hudson, Jr. (resigned)
March 13, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Clarendon County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Mr. W. Jason Corbett, Post Office Box 420, Summerton, S.C. 29148 VICE Bobby Ray Floyd (vacated)
The following were received and referred to the appropriate committee for consideration:
Document No. 2167
Promulgated by South Carolina Commission on Higher Education
Need - Based Grants
Received by Lt. Governor March 21, 1997
Referred to Senate Committee on Education
120 day review expiration date July 19, 1997 (Subject to Sine Die Revision)
Document No. 2168
Promulgated by Commission on Higher Education
Palmetto Fellows Scholarship
Received by Lt. Governor March 21,1997
Referred to Senate Committee on Education
120 day review expiration date July 21, 1997 (Subject to Sine Die Revision)
Senator PATTERSON introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.
The following were introduced:
S. 572 -- Senator Setzler: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF UNIFORM HIGH SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED TO RECEIVE A DIPLOMA, SO AS TO PROVIDE THAT, BEGINNING WITH THE GRADUATING CLASS OF SCHOOL YEAR 2000-2001, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR, RATHER THAN TWENTY, AND TO SPECIFY WHAT UNITS MUST BE EARNED.
Read the first time and referred to the Committee on Education.
S. 573 -- Senator Alexander: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH OWNERSHIP AS OF DECEMBER THIRTY-FIRST PRECEDING THE TAX YEAR AS THE DATE BY WHICH RESIDENTIAL PROPERTY MUST BE OWNED BY THE OWNER-OCCUPANT IN ORDER TO QUALIFY FOR THE FOUR PERCENT ASSESSMENT RATIO ALLOWED FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Read the first time and referred to the Committee on Finance.
S. 574 -- Senator Alexander: A BILL TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT PROPERTY TAXES AND THE EXECUTION ON PROPERTY FOR UNPAID TAXES, SO AS TO AUTHORIZE THE COUNTY TREASURER TO WAIVE PENALTIES WHEN TITLE TO PROPERTY WAS TRANSFERRED DURING THE TAX YEAR AND THE TAX NOTICE WAS MAILED TO THE PRIOR OWNER.
Read the first time and referred to the Committee on Finance.
S. 575 -- Senator Ryberg: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PROEPRTY TAX EXEMPTIONS, SO AS TO DELETE THE FIVE-YEAR LIMIT ON THE EXEMPTION ALLOWED PROPERTY ACQUIRED BY NONPROFIT ENTITIES FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES FOR DISADVANTAGED PERSONS.
Read the first time and referred to the Committee on Finance.
S. 576 -- Senator McGill: A BILL TO AMEND SECTION 50-21-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL WATERCRAFT, SO AS TO ALLOW THE OPERATION OF PERSONAL WATERCRAFT MANUFACTURED FOR THREE RIDERS AND EQUIPPED WITH RUNNING LIGHTS TO OPERATE AFTER SUNSET AND BEFORE SUNRISE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 577 -- Senators Fair, Holland, Bryan, Moore, McConnell, Glover and Courtney: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A PILOT CHILD PROTECTIVE SERVICES SYSTEM IN ONE REGION OF THE STATE WHICH ALLOWS THE DEPARTMENT TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT; TO ESTABLISH THE PROCEDURES UNDER WHICH THE DEPARTMENT SHALL OPERATE THIS PILOT; TO REQUIRE THE DEPARTMENT TO REPORT TO THE HOUSE AND SENATE JUDICIARY COMMITTEES ON THE EFFECTIVENESS OF THE PILOT; AND TO PROVIDE FOR THE TERMINATION OF THE PILOT.
Read the first time and referred to the General Committee.
S. 578 -- Senators Mescher and Giese: A JOINT RESOLUTION TO CREATE AN ELECTRIC INDUSTRY DEREGULATION TASK FORCE TO STUDY AND REPORT ON ALL PHASES OF THE ELECTRIC UTILITY SYSTEM IN ORDER TO DETERMINE THE EFFECTIVENESS AND FAIRNESS OF ELECTRIC INDUSTRY DEREGULATION.
Read the first time and referred to the Committee on Judiciary.
S. 579 -- Senator Wilson: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST, SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND SECOND DEGREES.
Read the first time and referred to the Committee on Judiciary.
S. 580 -- Senators Fair, Holland, Bryan, Moore, McConnell, Glover and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-135 SO AS TO REQUIRE THE COURT TO ORDER PLACED IN THE CENTRAL REGISTRY OF ABUSE AND NEGLECT THE NAME OF A DEFENDANT CONVICTED OF AN OFFENSE THE BASIS OF WHICH INVOLVED CHILD SEXUAL OR PHYSICAL ABUSE; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING REPORTS, INVESTIGATIONS, AND RECORDS OF CHILD ABUSE AND NEGLECT SO AS TO PROVIDE CRITERIA FOR ENTERING A PERPETRATOR IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, TO ESTABLISH PROCEDURES FOR THE DEPARTMENT TO PETITION THE COURT TO ORDER AN ENTRY IN THE REGISTRY AND TO FURTHER PROVIDE FOR PURGING INFORMATION FROM THE REGISTRY IF THERE IS NOT A PREPONDERANCE OF THE EVIDENCE THAT ABUSE OR NEGLECT OCCURRED; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO RESIDENTIAL INSTITUTIONS AND FOSTER HOME ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT TO NOTIFY A PERSON WHOSE NAME IS BEING ENTERED IN THE REGISTRY PURSUANT TO AN INVESTIGATION FINDING ABUSE OR NEGLECT AND TO PROVIDE THAT CERTAIN APPEAL PROCEDURES APPLY WHERE A PERSON CHALLENGES SUCH AN ENTRY; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY OF ABUSE AND NEGLECT SO AS TO PROVIDE THAT PERPETRATORS ONLY MAY BE ENTERED IN THE REGISTRY BY ORDER OF THE COURT.
Read the first time and referred to the Committee on Judiciary.
S. 581 -- Senator J. Verne Smith: A BILL TO AMEND ARTICLE 3, CHAPTER 15, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-450 SO AS TO CLARIFY THAT THE PROVISIONS OF ARTICLE 3, CHAPTER 15, TITLE 16 ARE INTENDED TO REGULATE OBSCENITY, MATERIAL HARMFUL TO MINORS, CHILD EXPLOITATION, AND CHILD PROSTITUTION; TO PROVIDE THAT ARTICLE 3 IS NOT INTENDED TO BE GENERAL LAW REGULATING NUDITY OR TO PRECLUDE REGULATION BY COUNTIES OR MUNICIPALITIES OF OTHER ASPECTS OF NUDITY IN PUBLIC PLACES, INCLUDING COMMERCIAL ESTABLISHMENTS.
Read the first time and referred to the Committee on Judiciary.
S. 582 -- Senators Drummond and Leatherman: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED, SO AS TO DELETE SPECIFIC PROVISIONS REGARDING THE FORM OF PRACTICE IN ORDER FOR THE FIRM TO HOLD ITSELF OUT AS A PARTNERSHIP; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THAT THE REGULATIONS CONFORM TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROHIBIT THE BOARD FROM REQUIRING A MINIMUM NUMBER OF HOURS OF CONTINUING EDUCATION IN ACCOUNTING OR AUDITING SUBJECTS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 583 -- Senator Giese: A BILL TO AMEND SECTION 40-47-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELEVANT TO RESPIRATORY CARE, SO AS TO REVISE THE DEFINITIONS OF THE "PRACTICE OF RESPIRATORY CARE"; TO AMEND SECTION 40-47-530, RELATING TO EXEMPTIONS FROM RESPIRATORY CARE REGULATION, SO AS TO INCLUDE AS AN EXEMPTION EMPLOYEES OF DURABLE MEDICAL EQUIPMENT COMPANIES UNDER CERTAIN CONDITIONS; TO AMEND SECTIONS 40-47-520, 40-47-590, 40-47-600, AS AMENDED, 40-47-610, 40-47-620, 40-47-625, 40-47-630, AS AMENDED, 40-47-640, 40-47-650, 40-47-655, AS AMENDED, AND 40-47-660, AS AMENDED, ALL RELATING TO THE CERTIFICATION AND REGULATION OF RESPIRATORY CARE THERAPISTS, SO AS TO REQUIRE LICENSURE RATHER THAN CERTIFICATION.
Read the first time and referred to the Committee on Medical Affairs.
S. 584 -- Senators Leventis, Cork, Rose, Rankin, Waldrep and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 48 SO AS TO ENACT THE COMMUNITY HEALTH AND SAFETY ACT OF 1997, INCLUDING PROVISIONS TO ESTABLISH ENVIRONMENTAL COMPLIANCE HISTORY REQUIREMENTS FOR SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PERMITS INCLUDING AUTHORIZING THE DEPARTMENT TO REVIEW AND CONSIDER THE ENVIRONMENTAL COMPLIANCE HISTORY OF A PERMIT APPLICANT OR PERSON, TO REQUIRE THE FILING OF A DISCLOSURE STATEMENT, AND TO CHARGE AND COLLECT A FEE PURSUANT TO REGULATION FOR CONDUCTING BACKGROUND INVESTIGATIONS.
Read the first time and referred to the Committee on Medical Affairs.
S. 585 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 7, 1997, MISSED BY STUDENTS OF EDWARDS ELEMENTARY SCHOOL IN CHESTERFIELD COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOL WAS CLOSED DUE TO SEVERE VANDALISM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time, and on motion of Senator HOLLAND, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator HOLLAND, with unanimous consent, S. 585 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 586 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO MEDICAL REPORTS, PHYSICIAN'S FEES AND HOSPITAL CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 587 -- Senators Giese, McConnell, Bryan, Passailaigue, Gregory and Drummond: A SENATE RESOLUTION TO AMEND RULE 48, RULES OF THE SENATE, RELATING TO INVITATIONS, SO AS TO PROHIBIT THE ACCEPTANCE OF ANY INVITATIONS TO EVENTS WHICH ARE TO BE HELD BETWEEN THE HOURS OF NOON AND 2:00 P.M.
Senator McCONNELL spoke on the Resolution.
Introduced and on motion of Senator McCONNELL, with unanimous consent, ordered placed on the Calendar without reference.
S. 588 -- Senator Patterson: A SENATE RESOLUTION CONGRATULATING JOHN AND THELMA BAILEY OF RICHLAND COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND EXTENDING BEST WISHES TO THEM AND THEIR FAMILY ON THIS DAY OF JOY.
The Senate Resolution was adopted.
H. 3701 -- Reps. H. Brown, Inabinett, Jordan, Simrill, Young-Brickell, Chellis, McKay, Bailey, Lloyd, Parks, Martin, Sharpe, J. Smith, Trotter, Stuart, Harrison, Kennedy, Maddox, Riser, Rodgers, Hinson, Barrett, Sandifer, Webb, Easterday, Koon, Dantzler, Byrd, Felder, Leach, Fleming, J. Brown, Harvin, Kirsh, Bowers, Meacham, Harrell, Woodrum and Loftis: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. BARBARA LANGER PEARLSTINE OF CHARLESTON UPON HER DEATH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3703 -- Reps. Scott, 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, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, 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 EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF THE HONORABLE LUTHER LANGFORD TAYLOR, JR., OF RICHLAND COUNTY, DISTINGUISHED MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3712 -- Reps. Moody-Lawrence and Delleney: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND SAMUEL MITCHELL MOORE, JR., OF CHESTER AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3720 -- Reps. Spearman, Allison, Byrd, Cobb-Hunter, Gamble, Hinson, Lee, Martin, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Parks, Rodgers, Seithel, Stuart and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE PALMIRA SILVA SNAPE, M. D., OF GREENVILLE COUNTY, AS THE GUEST SPEAKER FOR THE FIRST ANNUAL JEAN LANEY HARRIS MEMORIAL LUNCHEON AT THE SOUTH CAROLINA WOMEN IN GOVERNMENT DAY ON MARCH 24, 1997.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3721 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING CAROLINE MACK, A NATIVE OF LEE COUNTY, ON WINNING THE CROWN AND TITLE OF MISS BLACK USA 1997.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3722 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION CONGRATULATING DEPUTY CHIEF FRANCES RICHBOURG OF CLARENDON COUNTY ON BECOMING THE FIRST FEMALE PRESIDENT OF THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3723 -- Reps. McLeod and J. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF DR. JULIAN E. GRANT OF NEWBERRY COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3736 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIE SANDERS OF SUMTER COUNTY FOR BEING SELECTED AS THE EMPLOYEE OF THE YEAR FOR SUMTER COUNTY DEPARTMENT OF SOCIAL SERVICES.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HOLLAND from the Committee on Judiciary submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:
S. 47 -- Senators Holland and Giese: A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1997 BY AMENDING SECTION 44-53-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF CONTROLLED SUBSTANCES, SO AS TO RESCHEDULE FLUNITRAZEPAM, ALSO KNOWN AS ROHYPNOL OR "THE DATE RAPE DRUG", AS A SCHEDULE III CONTROLLED SUBSTANCE; BY AMENDING SECTION 44-53-370, AS RELATING TO DRUG OFFENSES, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES; AND BY AMENDING SECTION 16-1-90, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 396 -- Senators J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF PROPERTY TAX ASSESSMENT NOTICES, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE CONTAIN THE PERCENTAGE INCREASE OVER THE PRIOR MARKET VALUE IF THERE WAS NO CHANGE IN USE OR CHARACTERISTICS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 442 -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
S. 443 -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE FOR THE RESPONSIBILITY AND RIGHT TO ENTER AND EXAMINE NEW NONRESIDENTIAL STRUCTURES BEFORE OCCUPANCY AND PORTIONS OF EXISTING BUILDINGS COVERED BY BUILDING PERMITS.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 480 -- Senator Courtney: A BILL TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.
S. 569 -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE RAVENEL ELEMENTARY SCHOOL OF SENECA, SOUTH CAROLINA, ITS PRINCIPAL, CATHY WATSON, AND ITS FACULTY, STAFF, PARENTS, AND STUDENTS FOR THEIR OUTSTANDING EDUCATIONAL ACHIEVEMENTS AND CONGRATULATING THEM FOR THEIR SCHOOL'S SELECTION AS A CAROLINA FIRST PALMETTO'S FINEST SCHOOL FOR 1996-97.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of an Act and enrolled for Ratification:
H. 3160 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-745 AND 50-13-1199 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES A PROCEDURE TO RELEASE CERTAIN PROPERTY CONFISCATED FROM VIOLATORS OF GAME AND FISH PROVISIONS TO INNOCENT OWNERS OR LIENHOLDERS AND TO ALLOW THE DEPARTMENT TO MAINTAIN OR DISPOSE OF CERTAIN UNCLAIMED PROPERTY.
H. 3257 -- Reps. Kelley and Keegan: A BILL TO AMEND SECTION 38-79-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICY FORMS, PROVISIONS, AND RATES; SECTION 38-79-260, AS AMENDED, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION; AND SECTION 38-79-430, AS AMENDED, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO REMOVE THE INVOLVEMENT OF THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE IN THE ASSOCIATION AND THE FUND; AND TO REPEAL SECTION 38-79-270 RELATING TO APPEALS OF ACTIONS OF THE STATE MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION.
H. 3666 -- Reps. Wilkins, Haskins, J. Brown, H. Brown, Sharpe, Cato, Harrison, Townsend and D. Smith: A JOINT RESOLUTION TO ESTABLISH A 1998 SOUTHERN LEGISLATIVE CONFERENCE HOST COMMITTEE WHICH SHALL HAVE THE RESPONSIBILITY OF PLANNING AND MAKING ALL ARRANGEMENTS FOR THE 1998 ANNUAL MEETING OF THE SOUTHERN LEGISLATIVE CONFERENCE WHICH WILL BE HELD IN CHARLESTON, SOUTH CAROLINA, IN AUGUST 1998.
Senator DRUMMOND asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
Senator DRUMMOND asked unanimous consent to propose an amendment to the Joint Resolution.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator DRUMMOND proposed the following amendment (3666R001.JD), which was adopted:
Amend the joint resolution, as and if amended, page 2, subsection (B) of SECTION 1, by striking subsection (B) and inserting in lieu thereof the following:
/(B) The host committee shall have the responsibility of planning this conference on behalf of the citizens of South Carolina. The committee shall appoint individual state employees who the committee considers capable and appropriate to act as direct managers of the conference. Managers shall be authorized their necessary and actual expenses while on duty at the conference. The committee and the conference managers acting under the supervision of the committee shall make all necessary arrangements for legislators, staff, and other participants at the conference including lodging, transportation, recreational and auxiliary activities, and all other related matters to ensure a successful and hospitable endeavor. The committee, through its managers, is authorized to expend those funds appropriated to it or for its use by the General Assembly or made available to it from other sources to purchase or secure any materials, consummables, supplies, and/or services necessary for the conduct of any and all programs, functions, activities, and events preparatory to, associated with, or during the 1998 annual meeting of the Southern Legislative Conference.
Amend title to conform.
There being no further amendments, the Joint Resolution was read the third time and ordered returned to the House of Representatives with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 204 -- Senator Courson: A BILL TO AMEND SECTION 38-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING INSURANCE WITH A SURPLUS LINES INSURER, SO AS TO CHANGE FROM TWENTY TO THIRTY THE NUMBER OF DAYS WITHIN WHICH A BROKER MUST FILE A WRITTEN REQUEST WITH THE DEPARTMENT OF INSURANCE FOR APPROVAL OF THE PLACEMENT.
(By prior motion of Senator SALEEBY, with unanimous consent)
S. 289 -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.
S. 294 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-28 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE GREENWOOD WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.
S. 380 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-25-315 SO AS TO PROVIDE FOR EMERGENCY CEASE AND DESIST ORDERS TO PREVENT THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS WITHIN THIS STATE AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-2-10, AS AMENDED, RELATING TO INSURANCE AND ADMINISTRATIVE PENALTIES, SO AS TO PROVIDE THAT TEN PERCENT OF THE AMOUNT COLLECTED AS PENALTIES MUST BE RETAINED BY THE DEPARTMENT OF INSURANCE AND CONSIDERED "OTHER FUNDS", REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT FOR CERTAIN PURPOSES, AND ALLOW THESE COLLECTED FUNDS TO BE CARRIED FORWARD INTO SUCCEEDING FISCAL YEARS; AND TO AMEND SECTION 38-25-330, AS AMENDED, RELATING TO THE PENALTY FOR VIOLATING CHAPTER 25, TITLE 38 ON THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS, SO AS TO REQUIRE A WILFULL VIOLATION BEFORE A CONVICTION MAY BE HAD OR A PENALTY IMPOSED, AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY.
(By prior motion of Senator SALEEBY, with unanimous consent)
S. 380 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-25-315 SO AS TO PROVIDE FOR EMERGENCY CEASE AND DESIST ORDERS TO PREVENT THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS WITHIN THIS STATE AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-2-10, AS AMENDED, RELATING TO INSURANCE AND ADMINISTRATIVE PENALTIES, SO AS TO PROVIDE THAT TEN PERCENT OF THE AMOUNT COLLECTED AS PENALTIES MUST BE RETAINED BY THE DEPARTMENT OF INSURANCE AND CONSIDERED "OTHER FUNDS", REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT FOR CERTAIN PURPOSES, AND ALLOW THESE COLLECTED FUNDS TO BE CARRIED FORWARD INTO SUCCEEDING FISCAL YEARS; AND TO AMEND SECTION 38-25-330, AS AMENDED, RELATING TO THE PENALTY FOR VIOLATING CHAPTER 25, TITLE 38 ON THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS, SO AS TO REQUIRE A WILFULL VIOLATION BEFORE A CONVICTION MAY BE HAD OR A PENALTY IMPOSED, AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY.
Having voted on the prevailing side, Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.
There was no objection.
Senator MOORE asked unanimous consent to carry over the Bill and add notice of general amendments.
There was no objection.
S. 451 -- Senators McConnell and Giese: A BILL TO REPEAL SECTION 2, ACT 394 OF 1994, RELATING TO THE THREE-YEAR PROSPECTIVE REPEAL WHICH PROHIBITS A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
(By prior motion of Senator GIESE, with unanimous consent)
S. 452 -- Senator McConnell: A BILL TO AMEND SECTION 38-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, INVESTMENTS AND THE DEFINITION OF "POLICYHOLDER OBLIGATIONS", SO AS TO DELETE THE REFERENCE TO "MANDATORY SECURITIES VALUATION RESERVE" AND SUBSTITUTE THEREFOR "ASSET VALUATION RESERVE"; TO AMEND SECTION 38-13-300, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND CERTAIN REGULATIONS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT UPON THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE THESE REGULATIONS, AUTHORIZE, RATHER THAN REQUIRE, THE DIRECTOR TO HAVE CERTAIN INSURERS RECORD AND REPORT LOSS AND EXPENSE EXPERIENCE AND CERTAIN OTHER DATA, AND ALLOW THE DIRECTOR TO HAVE CERTAIN INSURERS SUBMIT A REPORT SHOWING DIRECT WRITINGS AND CERTAIN OTHER INFORMATION, RATHER THAN REQUIRING THE INSURERS TO DO THIS; TO AMEND SECTION 38-13-310, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE SUPPLEMENTAL REPORT REQUIRED BY SECTION 38-13-300, SO AS TO PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED TYPES OF INSURANCE WRITTEN BY THE INSURER; TO AMEND SECTION 38-13-320, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE DATA IN THE SUPPLEMENTAL REPORT, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED DATA BOTH AS TO SOUTH CAROLINA AND THE UNITED STATES FOR THE PREVIOUS YEAR ENDING ON DECEMBER THIRTY-FIRST; TO AMEND SECTION 38-13-340, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND REVIEW OF THE SUPPLEMENTAL REPORTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INSURANCE DEPARTMENT'S ANNUAL COMPILATION AND REVIEW OF REPORTS SUBMITTED BY INSURERS BE IN ACCORDANCE WITH OR PURSUANT TO AN ORDER OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-19-50, AS AMENDED, RELATING TO DOMESTIC MUTUAL INSURERS, MEMBERS AND MEETINGS, AND USE OF PROXIES, SO AS TO PROVIDE THAT NO PROXY MAY BE USED BY A DOMESTIC MUTUAL INSURER UNLESS THE LANGUAGE AND FORM OF THE PROXY HAVE BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, AND DELETE THE FIVE CONDITIONS SPECIFIED FOR THE USE OF THE PROXY; TO AMEND SECTION 38-33-30, AS AMENDED, RELATING TO THE INSURANCE LAWS, HEALTH MAINTENANCE ORGANIZATIONS, THE NECESSITY OF A CERTIFICATE OF AUTHORITY, AND FOREIGN CORPORATIONS, SO AS TO DELETE THE REQUIREMENT THAT EACH APPLICATION FOR A CERTIFICATE OF AUTHORITY BE FILED "IN TRIPLICATE"; TO AMEND SECTION 38-73-1060, AS AMENDED, RELATING TO THE INSURANCE LAWS, RATES, RATE-MAKING, AND RATE-FILING, AND STATUTORY PERMISSION TO USE RATES IN EXCESS OF THOSE WHICH ARE FILED, SO AS TO DELETE THE TERM "RATE IN EXCESS OF THAT PROVIDED BY A FILING OTHERWISE APPLICABLE" AND SUBSTITUTE THEREFOR "RATE DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE", AND ADD PROVISIONS WHICH PROVIDE THAT, UPON THE WRITTEN APPLICATION OF AN INSURED HAVING AGGREGATE INSURANCE PREMIUMS, OTHER THAN LIFE, ACCIDENT, AND HEALTH, IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS, A POLICY FORM DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE MAY BE USED ON ANY SPECIFIC RISK, UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 38-13-330 AND 38-13-370, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, THE REQUIREMENT THAT, FOR THE FIRST YEAR ONLY IN WHICH THE INSURER IS REQUIRED TO FILE THE SUPPLEMENTAL REPORT, THE DATA REQUIRED BY CERTAIN ITEMS OF SECTION 38-13-320 SHALL INCLUDE THE PREVIOUS CALENDAR YEAR AND EACH OF THE PRECEDING TWO CALENDAR YEARS, AND THE REQUIREMENT THAT FIRST REPORTS REQUIRED UNDER SECTIONS 38-13-300 THROUGH 38-13-360 MUST BE FILED ON JULY 1, 1988, AND ON JULY FIRST OF EACH FOLLOWING YEAR.
(By prior motion of Senator SALEEBY, with unanimous consent)
S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators HUTTO and RANKIN proposed the following Amendment No. 1 (207R010.CBH):
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION at the end to read:
/A. SECTION ___. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2777. (A) After the close of each fiscal year, the State Treasurer must distribute the revenue received in the prior fiscal year from the licensing provisions of this article in the following manner:
(1) one percent to the Department of Revenue and Taxation for administrative costs relating to the provisions of this article;
(2) $250,000 to the State Law Enforcement Division for its enforcement activities pursuant to this article;
(3) one and one-half percent to those counties that do not allow cash payoffs from the operation of machines pursuant to Section 12-21-2808, except as provided in subsection (B), to be distributed equally among those counties and to be administered by the County Transportation Advisory Committee pursuant to subsection (C); and
(4) the balance of the revenue to the County Transportation Advisory Committee of those counties that do allow cash payoffs from the operation of machines pursuant to this article in proportion to the number of machines located in the county, as indicated on the most recent quarterly report submitted, to the total number of machines licensed.
(B) A county that does not allow cash payoffs from the operation of machines may not receive a greater distribution than a county that does allow cash payoffs. The portion of the formula contained in subsection (A)(3) must be adjusted as necessary to satisfy the requirements of this subsection.
(C) Each county governing body shall appoint a County Transportation Advisory Committee to make recommendations on the expenditure of revenue generated by this section. The advisory committee consists of seven members. An advisory committee shall adopt guidelines to fit the needs of the county. Advisory committees shall submit written recommendations to a county at least once annually. The county governing body shall provide by ordinance for the terms and additional duties of the advisory committee. The revenue generated by this section may only be expended by the local governing body and may only be used for transportation-related expenses, including the construction and maintenance of roads, highways, bridges, airports, landing strips, and boat landings."
B. This section takes effect July 1, 1997. /
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HAYES spoke on the Bill.
Senator DRUMMOND spoke on the Bill.
Senator PASSAILAIGUE objected to further consideration of the Bill.
S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.
Senator PASSAILAIGUE asked unanimous consent to make a motion to remove his objection from the Bill.
There was no objection.
Senator LANDER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 1 (207R010.CBH), previously proposed by Senators HUTTO and RANKIN.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Courtney Drummond Fair Giese Gregory Hayes Holland Jackson Lander Martin McConnell McGill Moore O'Dell Passailaigue Peeler Ravenel Rose Russell Ryberg Setzler Short J. Verne Smith Thomas Waldrep Wilson
Cork Elliott Glover Hutto Matthews Mescher Patterson Rankin Saleeby Washington Williams
The amendment was laid on the table.
We favor returning the money to the local counties who have the video poker machines. However, we are concerned that the will of the voters in those counties which do not want them will be thwarted if this legislation is bogged down. This concept should be dealt with as separate legislation. Also, there is a question as to whether it should be limited to transportation projects and who all should be in the decision-making process and what type of projects in scale should be handled.
Senator RANKIN proposed the following Amendment No. 2 (207R011.LAR), which was ruled out of order:
Amend the bill, as and if amended, by adding two new SECTIONS appropriately numbered to read:
/SECTION _____. Section 12-21-2720 of the 1976 Code, as last amended by Act 145 of 1995, is further amended by adding an appropriately lettered subsection at the end to read:
"() The governing body of a county that generates $900,000 in accommodations tax revenue or the governing body of a municipality located in such a county, by ordinance may impose an additional license fee not exceeding fifty percent of the license fee imposed pursuant to subsection (A) for the equivalent license period. All fee revenue under this subsection must be credited to a special fund established by the governing body of the county for the purpose of receiving locally imposed fees and taxes for highway construction and highway improvements. Amounts so credited must be used for the purposes of the fees and taxes credit to the fund."
SECTION _____. If any provision of this act or its application is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable./
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
Senator HAYES raised a Point of Order that the amendment was out of order inasmuch as it was a revenue raising measure and pursuant to the provisions of Article III, Section 15 of the Constitution, should originate in the House of Representatives.
Senator RANKIN spoke on the Point of Order.
Senator PASSAILAIGUE spoke on the Point of Order.
Senator HAYES asked unanimous consent to make a motion to withdraw the Point of Order.
Senator MOORE objected.
The PRESIDENT sustained the Point of Order.
Amendment No. 2 was ruled out of order.
There being no further amendments, the question then was the third reading of the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 559 -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Education proposed the following amendment (559.1), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
"SECTION 1. Section 59-26-10 of the 1976 Code is amended to read:
"Section 59-26-10. It is the intent of this chapter to provide for a fair, and cohesive, and comprehensive program system for the training, certification, initial employment, and evaluation, and continuous professional development of public educators in this State. The following guidelines, which further constitute the intent of this chapter shall must be adhered to by all state and local officials, agencies, and boards in interpreting and implementing the provisions of this chapter so that the program system provided for herein shall:
(a) upgrade the standards for educators in this State in a fair, professional, and reasonable manner.;
(b) assure that prospective teachers have basic reading, mathematics, and writing skills.;
(c) improve the educator training programs and the evaluation procedures for those programs.;
(d) insure assure that prospective teachers know and understand their teaching areas and are given assistance toward the achievement of their potential.;
(e) Enable the use of evaluation standards that will aid in determining whether beginning teachers can apply fundamental teaching skills in the classroom assure that school districts implement a comprehensive system for assisting, developing, and evaluating teachers employed at all contract levels."
SECTION 2. Section 59-26-20 of the 1976 Code, as last amended by Act 282 of 1992, is further amended to read:
"Section 59-26-20. The State Board of Education, through the State Department of Education, and the Commission on Higher Education shall:
(a) develop and implement a plan for the continuous evaluation and upgrading of standards for program approval of undergraduate and graduate education training programs of colleges and universities in this State.;
(b) adopt policies and procedures which result in visiting teams with a balanced composition of teachers, administrators, and higher education faculties.;
(c) establish program approval procedures which shall assure that all members of visiting teams to review and approve undergraduate and graduate education programs have attended training programs in program approval procedures within two years prior to service on such teams.;
(d) render advice and aid to departments and colleges of education concerning their curricula, program approval standards, and results on the examinations provided for in this chapter.;
(e) adopt program approval standards so that beginning with the 1982-83 school year all colleges and universities in this State that offer undergraduate degrees in education shall require that students successfully complete the basic skills examination that is developed in compliance with this act chapter before final admittance into the undergraduate teacher education program. These program approval standards shall include, but not be limited to, the following:
(1) A student initially may initially take the basic skills examination during his first or second year in college.
(2) Students may be allowed to take the examination no more than three four times.
(3) If a student has not passed the examination, he may not be conditionally admitted to a teacher education program after December 1, 1996. Such admittance shall not exceed one year. If he has not passed the examination within one year of the conditional admittance he shall not continue in the teacher education program. After December 1, 1996, any person who has failed to achieve a passing score on all sections of the examination after two attempts may retake for a third time any test section not passed in the manner allowed by this section. The person shall first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A third administration of the examination then may be given to this person. If the person fails to pass the examination after the third attempt, after a period of three years, he may take the examination or any sections not passed for a fourth time under the same terms and conditions provided by this section of persons desiring to take the examination for a third time.
Provided, that in addition to the above approval standards, beginning in 1984-85, additional and upgraded approval standards must be developed, in consultation with the Commission on Higher Education, and promulgated by the State Board of Education for these teacher education programs.
(f) administer the basic skills examination provided for in this section two three times per a year.;
(g) report the results of the examination to the colleges, universities, and student in such form that he will be provided specific information about his strengths and weaknesses and given consultation to assist in improving his performance.;
(h) adopt program approval standards so that beginning with the 1982-83 school year all colleges and universities in this State that offer undergraduate degrees in education shall require that students pursuing courses leading to teacher certification successfully complete one semester of student teaching and other field experiences and teacher development techniques directly related to practical classroom situations.;
(i) adopt program approval standards whereby each student teacher shall must be evaluated and assisted at least three times by a representative or representatives of the college or university in which the practice student teacher is enrolled. The evaluation instrument to be used shall be the instrument developed for this purpose in compliance with Section 59-26-30 Evaluation and assistance processes shall be locally developed or selected by colleges or universities in accordance with State Board of Education regulations. Processes shall evaluate and assist student teachers based on the criteria for teaching effectiveness developed in accordance with this chapter. All observers college and university representatives who use are involved in the evaluation instrument and assistance process shall receive reliability appropriate training as defined by State Board of Education regulations. The college or university in which the practice student teacher is enrolled shall make available assistance, training, and counseling to the student teacher to overcome the any identified deficiencies.;
(j) Cooperate with the special project and the Educator Improvement Task Force created by this chapter. the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. The loan must be canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the loan must be canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The select committee shall review the loan program annually and report to the General Assembly.;
(l)(k) for special education in the area of vision, adopt program approval standards for initial certification and amend the approved program of specific course requirements for adding certification so that students receive appropriate training and can demonstrate competence in reading and writing braille.;
(m)(l) adopt program approval standards so that beginning with the 1991-92 school year students, who are pursuing a program in a college or university in this State which leads to certification as instructional or administrative personnel, shall complete successfully training and teacher development experiences in teaching higher order thinking skills.;
(n)(m) adopt program approval standards so that beginning with the 1991-92 school year, programs in a college or university in this State which lead to certification as administrative personnel, must include training in methods of making school improvement councils an active and effective force in improving schools.;
(o)(n) the Commission on Higher Education in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a Governor's Teaching Scholarship Loan Program to provide talented and qualified state residents loans not to exceed five thousand dollars a year to attend public or private colleges and universities for the purpose of becoming certified teachers employed in the public schools of this State. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest on the loan canceled if he becomes certified and teaches in the public schools of this State for at least five years. The loan is canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in a public school. However, beginning July 1, 1990, the loan is canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area as defined annually by the State Board of Education. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation or deferment of the loan on time, or noncompliance by a borrower with the purpose of the loan, the entire unpaid indebtedness plus interest is, at the option of the commission, immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program must be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose of making additional loans. Appropriations for loans and administrative costs must come from the Education Improvement Act of 1984 Fund, on the recommendation of the Commission on Higher Education to the State Treasurer, for use by the corporation. The select committee shall review this scholarship loan program annually and report its findings and recommendations to the General Assembly. For purposes of this item, a 'talented and qualified state resident' includes freshmen students who graduate in the top ten percentile of their high school class, or who receive a combined verbal plus mathematics Scholastic Aptitude Test score of at least eleven hundred and enrolled students who have completed one year (two semesters or the equivalent) of collegiate work and who have earned a cumulative grade point average of at least 3.5 on a 4.0 scale. To remain eligible for the loan while in college, the student must maintain at least a 3.0 grade point average on a 4.0 scale."
SECTION 3. Section 59-26-30 of the 1976 Code, as last amended by Section 13, Part II, Act 194 of 1989, is further amended to read:
"Section 59-26-30. The State Board of Education shall:
(a) Establish a special project under the director who is employed by the Educator Improvement Task Force. Such employees and consultants may be employed by the director as he deems necessary to fulfill the mandates of this chapter. The salary and expenses of the director and other personnel shall be paid out of appropriations for the Department of Education. In considering employment of a director and other personnel, first consideration should be given to persons who have been involved in areas of the testing of teacher and prospective teacher competencies and identification and evaluation of teacher competencies.
(b) Delegate responsibilities to the director that shall include but not be limited to:
(1) Development of selection of a basic skills examination in reading, writing and mathematics that is suitable for determining whether students should be fully admitted into an undergraduate teacher education program. The examination shall be designed so that results can be reported in a form that will provide the colleges, universities and student with specific information about his strengths and weaknesses. Procedures, test questions and information from existing examinations shall be used to the maximum extent in the development of the examination. The examination shall be validated in accordance with current legal requirements. The passing score on the examination shall be set at a level that reflects the degree of competency in the basic skills that, in the judgment of the State Board and Task Force, a prospective school teacher reasonably should be expected to achieve.
(2) Development or selection of South Carolina Teaching Examinations that can measure the cognitive teaching area competencies desired for initial job assignments in typical elementary and secondary schools in this State. The examinations shall contain a minimum amount of common or general knowledge questions. They shall be designed so that results can be reported in a form that will provide a student with specific information about his strengths and weaknesses. Procedures, test questions and information from existing examinations and lists of validated teacher competencies shall be used to the maximum extent in the development of the examinations. An examination that is completely developed by an organization other than the special project may be considered for use as a whole only if the project director and a majority of the members of the Educator Improvement Task Force conclude that the development and maintenance of a specific area test is impractical or would necessitate exorbitant expenses. The examinations shall be validated and ready for use as soon as practical but not later than July 1, 1982. The teaching examinations shall be developed or selected only for those areas in which area examinations of the National Teacher Examinations are not available.
(3) Develop an observational instrument to be used by the local school district to evaluate a teacher during his provisional year of teaching in that form that the results of the evaluation can be used to inform a teacher of his strengths and weaknesses. The State Board of Education shall cause the instrument to be adapted by not later than the beginning of the 1993-94 school year to require specific performance demonstrations of teaching higher order thinking skills in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure. The instrument including the additional observation statements for teaching higher order thinking skills must be validated in accordance with current legal requirements.
(4) Report at least once each month to the Educator Improvement Task Force and provide advice and assistance to the Task Force when it is requested.
(5) Submit all major questions to the Task Force for a decision on each question. When it is impractical to submit a question to the entire Task Force, the director shall consult with the chairman who may provide guidance in the matter.
(6) Develop a training program for observer reliability in using the instrument developed in subsection (b)(3) and develop policies and procedures to insure that all observers who use the instrument have had the reliability training prior to use of the evaluation instrument.
(7) Develop an evaluation instrument to be used by colleges and universities to evaluate all student teachers. The instrument must be developed on the basis of acceptable criteria for teaching effectiveness. The instrument must be designed to provide feedback and assistance to the student teacher regarding any identified deficiencies. Not later than the beginning of the 1993-94 school year, the State Board of Education shall adapt the instrument to include observation statements for teaching of higher order thinking skills in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure.
(c) Cause the basic skills examination, the teacher evaluation instrument and the teaching examinations to be administered on or before July 1, 1982.
(d) Report the results of the teaching examinations to the student in such form that he will be provided specific information about his strengths and weaknesses. Every effort shall be made to report the results of the area examinations and common examinations to the student in such a form that he will be provided specific information about his strengths and weaknesses.
(e) Report to each teacher training institution in the State the performance of the institution's graduates on the teaching examinations. The report to the institution shall be in a form that will assist the institution in further identifying strengths and weaknesses in its teacher training programs.
(f) Award a teaching certificate to any person who successfully completes the scholastic requirements for teaching at an approved college or university and the examination he is required to take for certification purposes.
(g)(1) Establish procedures whereby all persons who teach with provisional contracts shall receive special assistance in carrying out their duties.
(2) Establish a staff development program for persons who teach with provisional contracts.
(3) Establish a procedure whereby each provisional teacher shall be evaluated at least three times each by a representative of the school district. The evaluation instrument to be used shall be the one developed in accordance with this section. All observers who use the instrument shall receive reliability training under the program developed in accordance with this section.
(h) Establish criteria for an acceptable evaluation instrument to be used by school districts to evaluate persons who are teaching under annual and continuing contracts.
(i) From the effective date of this chapter, use the specific teaching area examinations of the National Teacher Examinations for certification purposes. The qualifying scores on the area examinations shall be set at the same level at which they are now set. The qualifying scores may be adjusted if new legal requirements or validity studies indicate such adjustments are necessary.
(1) In an area in which an area teaching examination of the National Teacher Examinations is not available, use the teaching examinations developed in accordance with this section for certification purposes as soon as those examinations are prepared, validated and ready for use.
(2) From the effective date of this chapter until July 1, 1981, or as soon as the teaching examinations are prepared and validated, use the Common Examinations of the National Teacher Examination for certification in those areas in which area teaching examinations of the National Teacher Examinations are not available. The qualifying score on the common examinations shall be set at the same level at which it is now set. The qualifying score may be adjusted if new legal requirements or validity studies indicate such adjustments are necessary.
(3) From the effective date of this act until July 1, 1982, or as soon as the teaching examinations are prepared and validated, use the Common Examinations of the National Teacher Examination for certification in those areas in which area teaching examinations of the National Teacher Examinations are not available. The qualifying score on the common examinations shall be set at the same level at which it is now set. The qualifying score may be adjusted if new legal requirements or validity studies indicate such adjustments are necessary.
(j) Establish procedures whereby each school district shall evaluate periodically in the classroom all certified personnel whose duties include teaching in the classroom. The evaluation instrument to be used in the evaluations must be one that at least meets the criteria established by the State Board of Education as an acceptable instrument. By the beginning of the 1995-96 school year, the State Board of Education shall include in its criteria for an acceptable instrument a requirement that the instrument evaluate teaching higher order thinking skills and problem solving in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure. School districts shall give the results of a teacher's evaluation in writing to the teacher and counsel him concerning his strengths and weaknesses as a teacher. School districts shall use deficiencies identified by the evaluations as a guide to the establishment of individual or group staff development programs.
(k) Establish and promulgate regulations and procedures whereby course credits that may be applied to the recertification requirements of all public school teachers are earned in courses that are relevant to the area in which the teacher is recertified.
(l) Provide appropriate office space, equipment and supplies to the Educator Improvement Task Force.
(m) Provide for the security and integrity of the tests that are administered under the certification program as currently provided by the State Department of Education.
(n) The special project created by this section shall terminate July 1, 1982, and may not be extended except by a vote of two-thirds of the members of the House present and voting and two-thirds of the members of the Senate present and voting. If any of the implementation dates set forth in this chapter are extended by the General Assembly, the termination date of the special project may be extended for the same length of time by a majority vote of the members of the House and a majority vote of the members of the Senate.
(o) Award a conditional teaching certificate to any person eligible to hold a teaching certificate who does not qualify for full certification under Item (f) of Section 59-26-30 provided the person has earned a bachelor's degree from an accredited college or university with a major in a certification area for which the Board has determined there exists a critical shortage of teachers and the person has passed the appropriate teaching examination. The Board may renew a conditional teaching certificate annually for a maximum of three years, if the holder of the certificate shows satisfactory progress toward completion of a teacher certification program prescribed by the Board. In part, satisfactory progress shall be such progress that the holder of a conditional certificate should complete the requirements for full certification within three years of being conditionally certified.
(p) Any person issued a Warrant or Temporary teaching certificate prior to July 1, 1984, who teaches for a period of three years and is recommended for full certification by his most recent school district employer is exempt from all practice teaching requirements.
(A) In the area of cognitive assessments for teachers and teacher certification, the State Board of Education, acting through the State Department of Education, shall:
(1) adopt a basic skills examination in reading, writing, and mathematics that is suitable for determining whether students may be admitted fully into an undergraduate teacher education program. The examination must be designed so that results are reported in a form that shall provide colleges, universities, and students with specific information about his strengths and weaknesses. Procedures, test questions, and information from existing examinations must be validated in accordance with current legal requirements. The passing score on the examination shall be set at a level that reflects the degree of competency in the basic skills that, in the judgment of the State Board of Education, a prospective school teacher reasonably is expected to achieve;
(2) adopt South Carolina teaching examinations that measure the cognitive teaching area competencies desired for initial job assignments in typical elementary and secondary schools in this State. The examinations shall contain a minimum amount of common or general knowledge questions. They shall be designed so that results are reported in a form that provide a student with specific information about the student's strengths and weaknesses. Procedures, test questions, and information from existing examinations and lists of validated teacher competencies are used to the maximum extent in the development of the examinations. An examination that is completely developed by an organization other than the special project may be considered for use as a whole only if the State Board of Education concludes that the development and maintenance of a specific area test is impractical or would necessitate exorbitant expenses. The examinations must be validated. The teaching examinations must be developed or selected only for those areas in which State Board of Education approved area examinations are not available;
(3) use the specific teaching area examinations approved by the State Board of Education for certification purposes. The qualifying scores on the area examinations shall be set at the same level at which they are now set. The qualifying scores may be adjusted if new legal requirements or validity studies indicate the adjustments are necessary. In an area in which an area teaching examination approved by the State Board of Education is not available, the state board shall use the teaching examinations developed in accordance with this section for certification purposes as soon as those examinations are prepared, validated, and ready for use.
(4) report the results of the teaching examinations to the student in written form that provides specific information about the student's strengths and weaknesses. Every effort must be made to report the results of the area examinations and common examinations in written form that provides specific information about the student's strengths and weaknesses.
(5) report to each teacher training institution in the State the performance of the institution's graduates on the teaching examinations. The report to the institution must be in a form that assists the institution in further identifying strengths and weaknesses in its teacher training programs.
(6) provide for the security and integrity of the tests that are administered under the certification program as currently provided by the State Department of Education.
(7) award a teaching certificate to a person who successfully completes the scholastic requirements for teaching at an approved college or university and the examination he is required to take for certification purposes;
(8) award a conditional teaching certificate to a person eligible to hold a teaching certificate who does not qualify for full certification under item (7) above provided the person has earned a bachelor's degree from an accredited college or university with a major in a certification area for which the board has determined there exists a critical shortage of teachers, and the person has passed the appropriate teaching examination. The board may renew a conditional teaching certificate annually for a maximum of three years, if the holder of the certificate shows satisfactory progress toward completion of a teacher certification program prescribed by the board. In part, satisfactory progress is the progress that the holder of a conditional certificate should complete the requirements for full certification within three years of being conditionally certified;
(9) promulgate regulations and procedures whereby course credits that may be applied to the recertification requirements of all public school teachers are earned in courses that are relevant to the area in which the teacher is recertified.
(B) For purposes of assisting, developing, and evaluating professional teaching, the State Board of Education, acting through the State Department of Education shall:
(1) adopt a set of state standards for teaching effectiveness which shall serve as a foundation for all processes used for assisting, developing, and evaluating student teachers, as well as teachers employed under induction, provisional, annual, or continuing contracts;
(2) promulgate regulations to be used by colleges and universities no later than the 1998-99 school year for evaluating and assisting student teachers. Evaluation and assistance programs developed or adopted by colleges or universities shall include appropriate training for all personnel involved in the process. Student teachers shall be provided with guidance and assistance throughout the student teaching assignment, as well as provided with formal written feedback on their performance with respect to state standards for teaching effectiveness;
(3) promulgate regulations to be used by local school districts no later than the 1998-99 school year for providing formalized induction programs for teachers employed under induction contracts. Induction programs developed or adopted by school districts shall provide teachers with comprehensive guidance and assistance throughout the school year, as well as provide teachers with formal written feedback on their strengths and weaknesses relative to all state standards for teaching effectiveness;
(4) promulgate regulations to be used by local school districts no later than the 1998-99 school year for conducting formal evaluations of teachers employed under provisional contracts. Formal evaluation processes developed or adopted by school districts shall address legal and technical requirements for teacher evaluation and shall assess typical teaching performance relative to all state standards for teaching effectiveness. Evaluation results must be provided in writing and appropriate assistance must be provided when weaknesses in performance are identified;
(5) promulgate regulations to be used by local school districts no later than the 1998-99 school year for conducting formal evaluations of teachers employed under annual contracts. Formal evaluation processes developed or adopted by school districts shall address legal and technical requirements for teacher evaluation and shall assess typical teaching performance relative to all state standards for teaching effectiveness. Evaluation results must be provided in writing and appropriate assistance must be provided when weaknesses in performance are identified;
(6) promulgate regulations to be used by local school districts no later than the 1998-99 school year for conducting evaluations of teachers employed under continuing contracts. Continuing contract teachers must be evaluated at least once every three years. At the discretion of the local school district, evaluations for individual teachers may be formal or informal. Formal evaluation processes developed or adopted by school districts shall address legal and technical requirements for teacher evaluation and shall assess typical teaching performance relative to all state standards for teaching effectiveness. Evaluation results must be provided in writing and appropriate assistance must be provided when weaknesses in performance are identified. Informal evaluations shall be conducted with a goals-based process which requires teachers to accomplish individualized professional development goals. Goals shall be established by the teacher, in consultation with a building administrator and shall be supportive of district strategic plans and school renewal plans;
(7) promulgate regulations so that, beginning with the 1998-99 school year, all college, university, and school district strategies, programs, and processes for assisting, developing, and evaluating teachers pursuant to this section, must be approved by the State Board of Education. Regulations also shall establish procedures for conducting periodic evaluations of the quality of the strategies, programs, and processes adopted by school districts and institutions of higher education in implementing the provisions of this chapter in order to provide a basis for refining and improving the programs for assisting, developing, and evaluating student teachers and teachers on induction, provisional, annual and continuing contracts; planning technical assistance; and reporting to the General Assembly on the impact of the comprehensive system for training, certification, initial employment, evaluation and continuous professional development of public educators in this State;
(8) promulgate regulations which establish procedures for the State Department of Education to provide colleges, universities, and school districts with ongoing technical assistance for assisting, developing, and evaluating teachers pursuant to this section;
(9) promulgate regulations and procedures so that, beginning with the 1998-99 school year or until such time as regulations required by this section become effective and, thereafter, school districts shall report to the State Department of Education teacher evaluation results and teaching contract decisions on an annual basis. The State Department of education shall maintain this information and make it available to colleges, universities, and school districts upon request ;
(10) beginning with the 1997-98 school year, the Assessments of Performance in Teaching (APT) shall no longer be used to evaluate student teachers. Until such time as regulations pursuant to this section become effective, colleges and universities shall evaluate and assist student teachers in accordance with State Board of Education guidelines; and.
(11) during the 1997-98 school year, the APT shall no longer be required for evaluating induction contract teachers. During this year, if school districts are ready to implement a formal induction program for induction contract teachers, as required by this section, they may do so. If school districts are not ready to implement such a program, they must progress toward developing or adopting a program to be implemented beginning with the 1998-99 school year. In this circumstance, school districts may use the APT. Beginning with the 1998-99 school year, no school district shall use the APT for evaluating induction contract teachers. Until such time as regulations pursuant to this section become effective, school district strategies, programs, and processes for assisting, developing, and evaluating teachers shall be developed, adopted, and implemented in accordance with State Board of Education guidelines."
SECTION 4. Section 59-26-40 of the 1976 Code is amended to read:
"Section 59-26-40. A person who receives a teaching certificate as provided in Section 59-26-30 may be employed by any school district under a nonrenewable provisional contract. All school districts shall comply with procedures and requirements promulgated by the Board of Education relating to aid, supervision, and evaluation of persons teaching under a provisional contract. All teachers working under a provisional contract must be paid at least the beginning salary on the state minimum salary schedule.
Each school district shall use the evaluation instrument developed in accordance with Section 59-26-30 to observe all provisional teachers at least three times. The results of the observations must be compiled to constitute an evaluation and must be provided to the teacher in writing. Each school district shall give provisional teachers appropriate advice and assistance to help remedy any deficiencies that are detected by the three required observations. The advice and assistance includes, but is not limited to, state procedures and programs developed in accordance with Section 59-26-30. Following this remediation, those teachers who do not initially perform at the level required by the evaluation instrument must be observed three more times and the results of the observations must be compiled to constitute a second evaluation.
At the end of a one-year provisional contract period, the evaluation must be reviewed by the school district to determine if the provisional teacher has performed at the level required by the evaluation instrument. If the evaluation indicates that the provisional teacher has performed in an adequate manner, the teacher is eligible for an annual contract. If the evaluation indicates that the provisional teacher is deficient in teaching ability, the school district may employ the teacher for an additional year under a provisional contract or the district may terminate his employment. If employment is terminated, another school district may employ him under a new one-year provisional contract. No person may be employed as a provisional teacher for more than two years. This paragraph does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. During the one-year provisional contract period the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25, of Title 59 of the 1976 Code do not apply.
After successful completion of the one-year provisional period, a teacher who is fully certified may be employed by any school district under a one-year annual contract. The decision by the school district to continue a teacher's employment beyond an annual contract must be based on written evaluations conducted at least two times annually using an evaluation instrument that at least meets the criteria established by the State Board of Education for an acceptable instrument. Evaluators shall complete a program of reliability training. School districts shall give the results of a teacher's evaluation in writing to the teacher and counsel him concerning his strengths and weaknesses as a teacher. School districts shall use deficiencies identified by the evaluations of teachers on annual contracts as a guide to the establishment of staff development programs.
A teacher may be employed for a maximum of two years under annual contracts. This paragraph does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education.
The teacher failing to receive the annual or continuing contract must not be employed as a classroom teacher in any public school in this State for a minimum of two years. Prior to reentry as a provisional or annual contract teacher, he must complete six units of credit for certificate renewal and six units of credit for remediation in areas of identified deficiencies. The teacher shall reenter at the contract level which he had attained before dismissal and continue toward the next contract level. The provisions of this paragraph granting an opportunity for reentry into the profession are available to a teacher once, and only once.
A person who receives a conditional teaching certificate as provided in Section 59-26-30 may be employed by a school district under a provisional contract or an annual contract in accordance with the provisions of this section. The holder of a conditional teaching certificate must be employed to teach at least a majority of his instructional time in the subject area for which he has received conditional certification.
After the successful completion of a provisional year and one annual contract, a teacher shall receive a continuing contract and have full procedural rights that currently exist under law relating to employment and dismissal. The provisions of Article 5, Chapter 25, of Title 59 of the 1976 Code and Article 3, Chapter 19, of Title 59 do not apply to teachers working under one-year annual contracts. Teachers working under a one-year annual contract who are not recommended for reemployment at the end of the year may have an informal hearing before the district superintendent. The superintendent shall schedule the hearing no sooner than seven nor later than thirty working days after he receives a request from the teacher for a hearing. At the hearing all of the evidence must be reviewed by the superintendent. The teacher may provide such information, testimony, or witnesses as the teacher considers necessary. The decision by the superintendent must be given in writing within twenty days of the hearing. The teacher may appeal the superintendent's decision to the school district board of trustees. Any appeal shall include a brief statement (1) of the questions to be presented to the board, and (2) wherein the teacher believes the superintendent to have erred in his judgment. Failure to file such an appeal with the board within ten days of the receipt of the superintendent's decision shall cause the decision of the superintendent to become final judgment in the matter. The board of trustees shall review all the materials presented at the earlier hearing and, after examining these materials, the board may or may not grant the request for a board hearing of the matter. Written notice of the board's decision on whether or not to grant the request must be rendered within thirty-five calendar days of the receipt of the request. If the board determines that hearing by the board is warranted, the teacher must be given written notice of the time and place of the hearing which must be set not sooner than seven nor later than fifteen days from the time of the board's determination to hear the matter. The decision of the board is final.
If a person has completed an approved teacher training program at a college or university outside this State and has no teaching experience, he must have the same status as a person who has completed such program at a college or university in this State. If a person has completed an approved teacher training program at a college or university in this State, has passed the examination he is required to take for certification purposes, and has one year of teaching experience, he may be employed by a school district as a provisional teacher. If a person has completed an approved teacher training program at a college or university outside this State, has passed the examination he is required to take for certification purposes, and has more than one year of teaching experience, he may be employed by a school district as one who has completed the one-year provisional period.
When a teacher has been awarded a continuing contract in one district of the State the continuing status is transferable to any other district in the State where the teacher is employed.
Teachers certified under the trades and industrial education certification process are exempt from the provisions of the South Carolina Education Improvement Act of 1984 which require the completion of scholastic requirements for teaching at an approved college or university and a provisional contract period. The teachers may be employed by a school district for a maximum of five years under annual contracts prior to being employed under a continuing contract. Before being employed under a continuing contract these teachers shall pass the Basic Skills Examination developed in accordance with Section 59-26-30(b)(1) the state approved skill examination in their area which is currently required, the teaching examination developed in accordance with Section 59-26-30(b)(2), and successfully complete the performance evaluations as required for all teachers who are employed under provisional contracts. Certification renewal requirements for such teachers are those which are promulgated by the State Board of Education.
Prior to the initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina Law-Enforcement Division for past convictions of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490.
(A) A person who receives a teaching certificate as provided in Section 59-26-30 may be employed by a school district under a nonrenewable induction contract. All school districts shall comply with procedures and requirements promulgated by the State Board of Education relating to aid, supervision, and evaluation of persons teaching under an induction contract. All teachers working under an induction contract must be paid at least the beginning salary on the state minimum salary schedule.
(B) Each school district shall provide teachers employed under induction contracts with a formalized induction program developed or adopted in accordance with State Board of Education regulations.
(C) At the end of the one-year induction contract period, a teacher receiving a favorable recommendation shall become eligible for employment at the annual contract level. At the end of the one-year induction contract period, a teacher receiving an unfavorable recommendation shall become eligible for employment at the provisional contract level. At the discretion of the local school district in which the induction teacher was employed, the district may employ the teacher eligible for an annual contract under a one-year annual contract and may employ the teacher eligible for a provisional contract under a one-year provisional contract or the district may terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the contract level for which the teacher is eligible. No person may be employed as an induction teacher or as a provisional teacher for more than one year. This subsection does not preclude his employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. During theinduction and provisional contract periods the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25 of this title do not apply.
(D) Provisional contract teachers must be evaluated and assisted with a process developed or adopted by the local school district in accordance with State Board of Education regulations. Teachers employed under a provisional contract must also complete an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans.
(E) Annual contract teachers must be evaluated and assisted with a process developed or adopted by the local school district in accordance with State Board of Education regulations. Teachers employed under an annual contract must also complete an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans.
(F) At the end of a first annual contract year, if a teacher has successfully completed the evaluation process, the teacher becomes eligible for employment at the continuing contract level. At the discretion of the school district in which the teacher is employed, the district may employ the teacher under a continuing contract or terminate the teacher's employment. If employment is terminated, the teacher may seek employment in another school district at the continuing contract level. If at the end of the first annual contract year a teacher did not successfully complete the evaluation process, the teacher is eligible for employment under a second annual contract. At the discretion of the school district, the district may employ the teacher under a second annual contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level.
(G) At the end of a second annual contract year, if a teacher has successfully completed the evaluation process and the professional growth plan, the teacher becomes eligible for employment at the continuing contract level. At the discretion of the school district in which the teacher was employed, the district may employ the teacher under a continuing contract or terminate his employment. If employment is terminated, the teacher may seek employment in another school district at the continuing contract level. If at the end of the second annual contract year a teacher did not successfully complete the evaluation process or the professional growth plan, the teacher may not be employed as a classroom teacher in any public school in this State for a minimum of two years. Prior to reentry as an annual contract teacher, he must complete six units of credit for certificate renewal and six units of credit for remediation in areas of identified deficiencies. Upon completion of these requirements, the teacher is eligible for employment under annual contracts for up to two additional years to continue toward the next contract level. The provisions of this subsection granting an opportunity for reentry into the profession are available to a teacher only once. This subsection does not preclude the teacher's employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education.
(H) During the annual contract period the employment dismissal provisions of Article 3, Chapter 19, and Article 5, Chapter 25 of this title do not apply. Teachers working under a one-year annual contract who are not recommended for reemployment at the end of the year may have an informal hearing before the district superintendent. The superintendent shall schedule the hearing no sooner than seven nor later than thirty working days after he receives a request from the teacher for a hearing. At the hearing all of the evidence must be reviewed by the superintendent. The teacher may provide such information, testimony, or witnesses as the teacher considers necessary. The decision by the superintendent must be given in writing within twenty days of the hearing. The teacher may appeal the superintendent's decision to the school district board of trustees.
An appeal shall include:
(1) a brief statement of the questions to be presented to the board and
(2) a brief statement in which the teacher states his belief about how the superintendent erred in his judgment.
Failure to file an appeal with the board within ten days of the receipt of the superintendent's decision shall cause the decision of the superintendent to become the final judgment in the matter. The board of trustees shall review all the materials presented at the earlier hearing, and after examining these materials, the board may or may not grant the request for a board hearing of the matter. Written notice of the board's decision on whether or not to grant the request must be rendered within thirty-five calendar days of the receipt of the request. If the board determines that a hearing by the board is warranted, the teacher must be given written notice of the time and place of the hearing which must be set not sooner than seven nor later than fifteen days from the time of the board's determination to hear the matter. The decision of the board is final.
(I) A person who receives a conditional teaching certificate as provided in Section 59-26-30 may be employed by a school district under a provisional contract or an annual contract in accordance with the provisions of this section. The holder of a conditional teaching certificate must be employed to teach at least a majority of his instructional time in the subject area for which he has received conditional certification.
(J) After successfully completing an induction contract year, and an annual contract period, a teacher shall become eligible for employment at the continuing contract level. This contract status is transferable to any district in this State. Continuing contract teachers shall have full procedural rights that currently exist under law relating to employment and dismissal. Teachers employed under continuing contracts shall be evaluated at least once every three years. At the discretion of the local district and based on an individual teacher's needs and past performance, the evaluation may be formal or informal. Formal evaluations shall be conducted with a process developed or adopted by the local district in accordance with State Board of Education regulations. The formal process shall also include an individualized professional growth plan established by the school or district. Professional growth plans shall be supportive of district strategic plans and school renewal plans. Informal evaluations which should be conducted for accomplished teachers who have consistently performed at levels required by state standards, shall be conducted with a goals-based process in accordance with State Board of Education regulations. The professional development goals shall be established by the teacher in consultation with a building administrator and shall be supportive of district strategic plans and school renewal plans.
(K) If a person has completed an approved teacher training program at a college or university outside this State, has met all requirements for certification in this State, and has less than one year of teaching experience, he may be employed by a school district under an induction contract. If he has one or more years of teaching experience, he may be employed by a district under an annual contract.
(L) Teachers certified under the trades and industrial education certification process are exempt from the provisions of the South Carolina Education Improvement Act of 1984 which require the completion of scholastic requirements for teaching at an approved college or university. After completing an induction contract year, the teachers may be employed for a maximum of one year under a provisional contract and three years under an annual contract or for four years under annual contracts to establish their eligibility for employment as continuing contract teachers. Before being eligible for a continuing contract, these teachers shall pass a basic skills examination developed in accordance with Section 59-26-30, a state approved skill assessment in their area, the teaching examination developed in accordance with Section 59-26-30, and successfully complete the performance evaluations as required for all teachers who are employed under annual contracts. Certification renewal requirements for such teachers are those which are promulgated by the State Board of Education.
(M) Before the initial employment of a teacher, the local school district shall request a criminal record history from the South Carolina Law Enforcement Division for past convictions of any crime.
(N) The State Department of Education shall ensure that colleges, universities, school districts, and schools comply with the provisions established in this chapter."
SECTION 5. Section 59-26-80 of the 1976 Code is repealed.
SECTION 6. This act takes effect upon approval by the Governor."
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 412 -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-225 SO AS TO PROVIDE THAT A BANK, FINANCIAL ORGANIZATION, OR OTHER ENTITY ISSUING A CREDIT OR DEBIT CARD MAY NOT HOLD OR BLOCK FROM THE UNDERLYING ACCOUNT OR LINE OF CREDIT MORE THAN ONE HUNDRED PERCENT OF THE AMOUNT OR VALUE OF A PURCHASE OR TRANSACTION ENTERED INTO BY THE HOLDER OR ANOTHER AUTHORIZED USER OF THE CREDIT OR DEBIT CARD.
Senator ALEXANDER explained the Bill.
S. 264 -- Senators Lander, Bryan and Leventis: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID WITHIN FIVE WORKING DAYS OF RECEIPT OF THE REQUEST FOR FUNDS FROM THE COUNTY TREASURER .
Senator LANDER asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
On motion of Senator LANDER, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.
H. 3643 -- Reps. Young-Brickell, Bailey, Cobb-Hunter, Chellis and Harrell: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MATTHEWS asked unanimous consent to commit the Bill to the Dorchester County Delegation.
There was no objection.
The following Bill was carried over:
S. 315 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO REVISE THE NUMBER OF PERSONS WHO MAY WITNESS AN EXECUTION.
(On motion of Senator THOMAS.)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, 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 INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator RYBERG argued contra to the second reading of the Bill.
Senator MARTIN assumed the Chair at 12:24 P.M.
Senator RYBERG continued speaking on the Bill.
The PRESIDENT assumed the Chair at 12:35 P.M.
Senator RYBERG continued speaking contra to the second reading of the Bill.
On motion of Senator MOORE, with unanimous consent, debate was interrupted on the Bill, with Senator RYBERG retaining the floor.
Having received a favorable report from the Clarendon County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Clarendon County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Mr. W. Jason Corbett, Post Office Box 420, Summerton, S.C. 29148 VICE Bobby Ray Floyd (vacated)
Having received a favorable report from the Lancaster County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Theresa B. Rollings, Post Office Box 518, Lancaster, S.C. 29721 VICE John L. Hudson, Jr. (resigned)
On motion of Senators HUTTO, COURSON and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Gerald F. Bradley of Columbia, S.C., Development Director for the Indian Waters Council, Boy Scouts of America.
Senator DRUMMOND moved that when the Senate adjourns on Monday, March 31, 1997, it stand adjourned to meet next Tuesday, April 1, 1997, at 12:00 Noon, which motion was adopted.
At 12:55 P.M., on motion of Senator MOORE, the Senate adjourned to meet Monday, March 31, 1997, at 12:00 Noon under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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