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 Senator J. VERNE SMITH.

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

November 5, 1997
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, State Board of Barber Examiners, with term to commence June 30, 1998, and to expire June 30, 2002:
Master Barber:
Ms. Betty J. Thompson, 118 Endless Drive, Greer, S.C. 29651

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1998, and to expire July 27, 2001:
6th Congressional District:
Mr. Chester A. Duke, Post Office Box 929, Marion, S.C. 29571

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:
Outdoor Advertising:
Mr. Douglas W. McFarland, MAC Advertising, Inc., Post Office Box 31463, Charleston, S.C. 29417

Referred to the Committee on Transportation.

November 7, 1997
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Commission on Women, with term to commence October 18, 1995, and to expire October 18, 1999:
At-Large:
Ms. Diane M. Brown, 368 South Barrington Drive, Florence, S.C. 29501 VICE Elizabeth G. Cox (resigned)

Referred to the Committee on Judiciary.

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1998, and to expire July 27, 2001:
1st Congressional District:
Mr. J. Charles Northcutt, Post Office Box 794, Mt. Pleasant, S.C. 29465

Referred to the Committee on Labor, Commerce and Industry.

November 13, 1997
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1998, and to expire June 30, 2004:
At-Large:
Mr. W. Lee Catoe, 9813 Highgate Road, Columbia, S.C. 29223

Referred to the Committee on Judiciary.

Reappointment, Scenic Highways Committee, with term to commence July 14, 1998, and to expire July 14, 2000:
Hotel/Motel:
Ms. Laura D. Simons, 3625 Coleman Street, Columbia, S.C. 29205

Referred to the Committee on Transportation.

Reappointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1998, and to expire April 1, 2002:
Piedmont-Recipient/Donor/Family:
Mr. Jack D. Leard, 106 Moore Court, Simpsonville, S.C. 29681
Referred to the Committee on Medical Affairs.

Reappointment, South Carolina Arts Commission, with term to commence June 30, 1998, and to expire June 30, 2001:
At-Large:
Ms. Sybil M. Whitenburg, 315 West Passage, Lexington, S.C. 29072

Referred to the Committee on Education.

November 24, 1997
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Mining Council, with term to commence June 30, 1994, and to expire June 30, 1998:
Mining Industry:
Mr. Randall E. Wallett, Martin Marietta Aggregates, Southeast Region-SC, Suite 102, 246 Stoneridge Drive, Columbia, S.C. 29210 VICE Jefferson Christian Swift (deceased)

Referred to the Committee on Agriculture and Natural Resources.

Reappointment, Mining Council, with term to commence June 30, 1998, and to expire June 30, 2002:
Mining Industry:
Mr. Randall E. Wallett, Martin Marietta Aggregates, Southeast Region-SC, Suite 102, 246 Stoneridge Drive, Columbia, S.C. 29210

Referred to the Committee on Agriculture and Natural Resources.

Reappointment, South Carolina Arts Commission, with term to commence June 30, 1998, and to expire June 30, 2001:
At-Large:
Eligio Maoli, Ph.D., Maoli Consolidated Enterprises, Inc., 1201 Hampton Street, #2A-3, Columbia, S.C. 29201

Referred to the Committee on Education.

January 5, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 1993, and to expire April 1, 1998:
At-Large:
Ms. Frances P. Lindler, 30 Press Lindler Road, Columbia, S.C. 29212 VICE Irby H. Schultz (resigned)

Referred to the Committee on Education.

Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 1998, and to expire April 1, 2003:
At-Large:
Ms. Frances P. Lindler, 30 Press Lindler Road, Columbia, S.C. 29212

Referred to the Committee on Education.

January 7, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1997, and to expire July 27, 2000:
5th Congressional District:
Mr. Terry B. Wiley, 1939 South Paraham Road, York, S.C. 29745

Referred to the Committee on Labor, Commerce and Industry.

Reappointments, Governing Board of the Department of Natural Resources, with terms to commence July 1, 1998, and to expire July 1, 2002:
1st Congressional District:
Ms. Mary Pope Waring, 1/2 Atlantic Street, Charleston, S.C. 29401
At-Large:
Mr. Marion T. Burnside, 7071 Bluff Road, Hopkins, S.C. 29061
2nd Congressional District:
Mr. Edward C. Lee, 1071 Moss Avenue, N.E., Orangeburg, S.C. 29115
3rd Congressional District:
Mr. Thomas W. Miller, 100 Keowee Club Road, Townville, S.C. 29689

Referred to the Committee on Fish, Game and Forestry.

February 5, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for information. Complete documentation will be submitted by Tuesday, February 10, 1998.

Respectfully,
David M. Beasley

Initial Appointment, Director of the Department of Public Safety, with term to commence February 1, 1996, and to expire February 1, 2000:
Mr. James Caulder, Department of Public Safety, 5410 Broad River Road, Columbia, S.C. 29201 Senate Confirmation Required.
VICE William E. Gunn (Not Confirmed)

Referred to the Committee on Judiciary.

Senator RAVENEL introduced Dr. Donald Johnson of Mt. Pleasant, S.C., Doctor of the Day.

On motion of Senator ELLIOTT, at 11:00 A.M., Senator LANDER was granted a leave of absence until 3:00 P.M.

At 11:45 A.M., Senator THOMAS requested a leave of absence for the balance of the day.

S. 985 -- Senators Wilson, Drummond, Russell, Grooms, Courson, O'Dell and McConnell: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICAN TO RENAME THE WASHINGTON NATIONAL AIRPORT IN VIRGINIA AFTER FORMER PRESIDENT RONALD WILSON REAGAN ON THE OCCASION OF HIS EIGHTY-SEVENTH BIRTHDAY ON FEBRUARY 6, 1998.

Senator WILSON asked unanimous consent to make a motion that the Concurrent Resolution be recalled from the Committee on Judiciary.
Senators JACKSON and FORD objected.

The following were introduced:

S. 993 -- Senators J. Verne Smith, Passailaigue, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE COMMISSIONER OF BASEBALL TO REINSTATE "SHOELESS JOE" JACKSON AS A MEMBER IN GOOD STANDING IN PROFESSIONAL BASEBALL.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 994 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.
Read the first time and referred to the Committee on Banking and Insurance.

S. 995 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 41 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF CHECK CASHING SERVICES.
Read the first time and referred to the Committee on Banking and Insurance.

S. 996 -- Senators Short, Jackson and Gregory: A BILL TO AMEND SECTION 37-1-109 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHANGE OF DOLLAR AMOUNTS USED IN THE CONSUMER PROTECTION CODE, SO AS TO INCLUDE THE AMOUNT AT WHICH SUPERVISED LENDERS MUST LEND AT RESTRICTED LENDER RATES AS AN AMOUNT THAT MUST BE ADJUSTED IN ACCORDANCE WITH THIS SECTION; TO AMEND SECTION 37-3-201, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LENDERS, SO AS TO INCREASE THE DOLLAR AMOUNT AT WHICH SUPERVISED LENDERS MUST LEND AT RESTRICTED LENDER RATES FROM SIX HUNDRED DOLLARS TO EIGHT HUNDRED DOLLARS; AND TO AMEND SECTION 37-3-305, RELATING TO THE MAXIMUM RATE SCHEDULE FILED AND POSTED BY CREDITORS, SO AS TO INCREASE THE DOLLAR AMOUNT FOR WHICH SUPERVISED LENDERS MAY NOT POST A RATE EXCEEDING THE MAXIMUM CHARGES FOR RESTRICTED LENDERS FROM SIX HUNDRED DOLLARS TO EIGHT HUNDRED DOLLARS.
Read the first time and referred to the Committee on Banking and Insurance.

S. 997 -- Senators Short, Jackson and Gregory: A BILL TO AMEND CHAPTER 39, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAWNBROKERS, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PLEDGED GOODS", A MOTOR VEHICLE CERTIFICATE OF TITLE, OTHER THAN A CERTIFICATE OF TITLE TO A MOBILE HOME; AND TO PROVIDE THAT IF ANY LOAN IN WHICH THE PLEDGED GOODS IS A MOTOR VEHICLE CERTIFICATE OF TITLE REMAINS UNPAID AFTER A PERIOD OF SIXTY DAYS FROM THE DUE DATE OR ANY RENEWAL OR EXTENSION THEREOF, THE PAWNBROKER AND THE PLEDGOR HAVE THE SAME RIGHTS AS ACCORDED UNDER PART 5, CHAPTER 9, TITLE 36 OF THE UNIFORM COMMERCIAL CODE.
Read the first time and referred to the Committee on Judiciary.

S. 998 -- Senators Courtney and Holland: A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DUTY TO REPORT EXISTS REGARDLESS OF WHO THE REPORTER BELIEVES TO BE THE PERPETRATOR OF THE ABUSE; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING CHILD ABUSE OR NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION OF A CHILD WHO DIED OF ABUSE OR NEGLECT WITHIN TWENTY-FOUR HOURS UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO THE PERMANENCY PLANNING HEARING FOR CHILDREN IN FOSTER CARE, SO AS TO PROVIDE THAT A SUPPLEMENTAL REPORT MUST BE ATTACHED TO A MOTION FOR A REVIEW RATHER THAN TO A SUMMONS AND COMPLAINT; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD AS A GROUND FOR TERMINATION, CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT TO THE COURT WRITTEN REPORTS, DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO AMEND SECTION 59-63-31 RELATING TO GROUNDS FOR ATTENDING A PUBLIC SCHOOL IN A DISTRICT WITHOUT CHARGE IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THESE GROUNDS; TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE EVALUATION REQUIRED TO BE CONDUCTED IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT SYSTEM.
Read the first time and referred to the Committee on Judiciary.

S. 999 -- Senator Gregory: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF LITTERING, SO AS TO PROVIDE THAT IT IS PRIMA FACIE EVIDENCE THAT THE OPERATOR OF A CONVEYANCE HAS VIOLATED THIS SECTION WHEN LITTER IS THROWN, DEPOSITED, DROPPED, OR DUMPED FROM A CONVEYANCE, AND TO CREATE A REBUTTABLE PRESUMPTION THAT A PERSON HAS VIOLATED THIS SECTION WHEN HIS NAME IS DISCOVERED ON LITTER WHICH HAS BEEN DEPOSITED ON PUBLIC OR PRIVATE PROPERTY.
Read the first time and referred to the Committee on Judiciary.

S. 1000 -- Senators Ford and Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE AGE OF CONSENT TO SEXUAL INTERCOURSE FOR AN UNMARRIED PERSON, SO AS TO RAISE THE AGE OF CONSENT FROM FOURTEEN TO SIXTEEN YEARS OF AGE.
Read the first time and referred to the Committee on Judiciary.

S. 1001 -- Senators Jackson, Matthews, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, and Wilson: A SENATE RESOLUTION TO RECOGNIZE, COMMEMORATE, AND EXPRESS PROFOUND GRATITUDE AND SORROW FOR THE SUPREME SACRIFICE MADE ON FEBRUARY 8, 1968, BY THREE YOUNG STUDENTS, SAMUEL HAMMOND, JR., AN EIGHTEEN-YEAR-OLD SOUTH CAROLINA STATE COLLEGE FRESHMAN FROM FT. LAUDERDALE, FLORIDA, DELANO HERMAN MIDDLETON, A SEVENTEEN-YEAR-OLD STUDENT AT WILKINSON HIGH SCHOOL IN ORANGEBURG, AND HENRY EZEKIAL SMITH, AN EIGHTEEN-YEAR-OLD SOPHOMORE AT SOUTH CAROLINA STATE COLLEGE, FROM MARION.
The Senate Resolution was adopted.

H. 3617 -- Reps. Mason, Felder, Knotts, Easterday, R. Smith, Bailey, Sandifer, Seithel, Stoddard, Vaughn, Haskins, McMahand, F. Smith, Cato, Walker, Kelley, Phillips, Littlejohn, Beck, Hawkins, Sharpe, Young-Brickell, Hamilton, Koon, Lanford, Lloyd, Cave, Barfield, Young, Miller, Kirsh, Martin, Riser, McLeod, McCraw and Jordan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH 'CLONING' TO GROW OR CREATE A HUMAN BEING OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.

H. 4063 -- Rep. Harrison: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO DELETE THE PROVISION REQUIRING THE COMMISSION TO COLLECT STATISTICS ON AND PROMULGATE REGULATIONS FOR PERSONS WITH MENTAL DEFICIENCIES OR EPILEPSY; TO AMEND SECTION 44-15-50 RELATING TO LIMITATIONS ON GRANTS THAT MAY BE AWARDED TO LOCAL MENTAL HEALTH PROGRAMS, SO AS TO DELETE LIMITS TIED TO 1974-75 EXPENDITURES; TO AMEND SECTION 44-15-80, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO FURTHER AUTHORIZE ACCESS TO TREATMENT FOR THOSE UNABLE TO PAY; TO AMEND SECTION 44-17-410, AS AMENDED, RELATING TO PROCEDURES FOR EMERGENCY MENTAL HEALTH ADMISSIONS, SO AS TO REVISE CERTAIN ASPECTS OF THESE PROCEDURES; TO AMEND SECTION 44-17-540, AS AMENDED, AND SECTION 44-17-580, RELATING TO JUDICIAL HEARINGS CONCERNING COMMITMENT SO AS TO CLARIFY WHEN A PETITION SEEKING COMMITMENT MUST BE DISMISSED; TO AMEND SECTION 44-22-150, AS AMENDED, RELATING TO RESTRAINING MENTAL HEALTH PATIENTS, SO AS TO DEFINE THE TERM 'RESTRAINT'; AND TO AMEND SECTION 44-23-1100 RELATING TO CONFIDENTIALITY OF PROBATE RECORDS ON MENTAL HEALTH PATIENTS, SO AS TO CHANGE WHAT STANDARDS AND PROCEDURES APPLY.
Read the first time and referred to the Committee on Medical Affairs.

H. 4412 -- Reps. Kelley, Sandifer, Woodrum, Barfield, Robinson, Edge, Keegan, Cotty, Witherspoon, Riser, Barrett and Knotts: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE ON PERSONAL RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A MAGISTRATE'S COURT OR MUNICIPAL COURT OFFENSE MAY WAIVE HIS APPEARANCE BEFORE THE COURT AND POST A BOND IN AN AMOUNT PREVIOUSLY APPROVED BY THE COURT.
Read the first time and referred to the Committee on Judiciary.

H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING ACCREDITED PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES.
Read the first time and referred to the Committee on Education.

H. 4556 -- Reps.Wilkins, Harrison, 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, A. Harris, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE PEDEN B. MCLEOD OF COLLETON COUNTY FOR HIS OUTSTANDING LEADERSHIP AS CODE COMMISSIONER AND DIRECTOR OF THE LEGISLATIVE COUNCIL, EXPRESSING DEEPEST APPRECIATION TO HIM FOR HIS MANY YEARS OF DEDICATED AND EXCELLENT PUBLIC SERVICE, AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT; AND DESIGNATING HIM "SOUTH CAROLINA CODE COMMISSIONER EMERITUS".
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4564 -- Rep. McMahand: A CONCURRENT RESOLUTION CELEBRATING THE LIFE OF GEORGE YOUNG, SR., OF GREENVILLE COUNTY, WHO IN HIS NINETY YEARS UNFAILINGLY HAS BEEN A HARD WORKER, A LOVING FAMILY MAN, A FAITHFUL CHRISTIAN, A GENEROUS NEIGHBOR, AND A STELLAR EXAMPLE OF SOUTH CAROLINA'S EXCEPTIONAL CITIZENS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4576 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO EXPRESS PROFOUND GRATITUDE FOR THE SUPREME SACRIFICE MADE ON FEBRUARY 8, 1968, BY THREE YOUNG STUDENTS, SAMUEL HAMMOND, JR., AN EIGHTEEN-YEAR-OLD SOUTH CAROLINA STATE COLLEGE FRESHMAN FROM FT. LAUDERDALE, FLORIDA, DELANO HERMAN MIDDLETON, A SEVENTEEN-YEAR-OLD STUDENT AT WILKINSON HIGH SCHOOL IN ORANGEBURG, SOUTH CAROLINA, AND HENRY EZEKIAL SMITH, AN EIGHTEEN-YEAR-OLD SOPHOMORE AT SOUTH CAROLINA STATE COLLEGE FROM MULLINS, SOUTH CAROLINA, AND TO RECOGNIZE THEIR COURAGEOUS EFFORTS BY DECLARING FEBRUARY 8 AS SMITH-HAMMOND-MIDDLETON MEMORIAL DAY.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4578 -- Rep. Canty: A CONCURRENT RESOLUTION TO OFFER THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE BELOVED MR. MACK WILLIE RHODES OF SUMTER COUNTY ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY CELEBRATION.
The Concurrent Resolution was adopted, ordered returned to the House.

Senator LAND from the Committee on Transportation submitted a favorable report on:
S. 621 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE THAT A MOTOR VEHICLE OVER THIRTY YEARS OLD MAY BEAR A SOUTH CAROLINA LICENSE PLATE OF THE MODEL YEAR OF THE VEHICLE UNDER CERTAIN CIRCUMSTANCES.

On motion of Senator WILSON, with unanimous consent, S. 621 was ordered to receive a second and third reading on the next two consecutive legislative days.

Senator LAND from the Committee on Transportation submitted a favorable report on:
S. 846 -- Senators Washington, Leventis, Reese, Gregory, Hutto and Short: A BILL TO AMEND SECTION 56-1-540 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILES, RECORDS, AND INDEXES TO BE KEPT BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT THE DEPARTMENT FROM MAINTAINING RECORDS OF ACCIDENTS AS A PART OF A LICENSEE'S DRIVING RECORD UNLESS THE LICENSEE IS CONVICTED OF A TRAFFIC VIOLATION IN CONNECTION WITH THE ACCIDENT.
Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:
S. 900 -- Senators Hutto, Matthews and Washington: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME AND DESIGNATE THE OVERPASS AT U.S. HIGHWAY 301 AND INTERSTATE 95 IN ORANGEBURG COUNTY IN HONOR OF THE LATE FIRST SERGEANT FRANKIE LEE LINGARD AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:
H. 4291 -- Reps. Rice and Robinson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 124 IN GREENVILLE COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 123 TO THE GREENVILLE COUNTY LINE IN HONOR OF JOE ANDERS.
Ordered for consideration tomorrow.

S. 957 -- Senators J. Verne Smith, Courson, Giese, Hayes, Hutto, Jackson, Martin, Moore, Ravenel, Ryberg and Short: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 4, 1998, AS "HOSPITAL DAY".
Returned with concurrence.
Received as information.

S. 983 -- Senator Washington: A CONCURRENT RESOLUTION CONGRATULATING ELIZABETH AIKEN SANTAGATI ON RECEIVING THE "COMMUNITY LEADERSHIP AWARD" FROM THE COMMUNITY MINISTERIAL ALLIANCE ON JANUARY 17, 1998, AND COMMENDING HER FOR HER YEARS OF LEADERSHIP, DEDICATION, AND HARD WORK ON BEHALF OF HER COMMUNITY.
Returned with concurrence.
Received as information.

S. 984 -- Senators Holland, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE PEDEN B. MCLEOD OF COLLETON COUNTY FOR HIS OUTSTANDING LEADERSHIP AS CODE COMMISSIONER AND DIRECTOR OF THE LEGISLATIVE COUNCIL, EXPRESSING DEEPEST APPRECIATION TO HIM FOR HIS MANY YEARS OF DEDICATED AND EXCELLENT PUBLIC SERVICE, AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT; AND DESIGNATING HIM "SOUTH CAROLINA CODE COMMISSIONER EMERITUS".
Returned with concurrence.
Received as information.

Columbia, S.C., February 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3590 -- Reps. Gourdine, Altman, Breeland, Harrell, Cobb-Hunter, Bailey, Inabinett, H. Brown, Hinson, Law, Govan, Chellis, Mack, Stuart, Lloyd, Dantzler, Seithel, Limehouse, Felder, Whatley, Battle, Young-Brickell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-708 SO AS TO PROHIBIT IN GAME ZONE 6 THE USE OF ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE AND TO PROVIDE PENALTIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., February 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4466 -- Reps. Sheheen and H. Brown: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4469 -- Reps. Limehouse, Cato, Campsen and H. Brown: A BILL TO AMEND SECTION 54-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF PORT PILOTS SO AS TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH CERTAIN SHORT BRANCH LICENSE REQUIREMENTS AND RESTRICTIONS; AND TO AMEND SECTION 54-15-120 RELATING TO PREREQUISITES TO LICENSING IN THE PORT OF CHARLESTON, SO AS TO REVISE THE LEVELS WHICH AN APPRENTICE MUST OBTAIN BEFORE LICENSURE.

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

S. 865 -- Senators McConnell, Reese and Mescher: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO DELETE A PROVISION
ALLOWING A FORMER MEMBER OF THE GENERAL ASSEMBLY TO BE ELECTED TO A FAMILY COURT JUDGESHIP NOTWITHSTANDING ANY OTHER PROVISION OF LAW.

S. 874 -- Senators Drummond, Mescher, Washington and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.

S. 862 -- Senator Holland: A BILL TO AMEND VARIOUS PROVISIONS OF TITLES 16, 17, 20, AND 56, RELATING TO CRIMES AND OFFENSES, SO AS TO CONFORM DEFINITONS AND TERMINOLOGY, TO REPEAL OBSOLETE SECTIONS, TO ADD A MENS REA REQUIREMENT TO SECTIONS 16-11-617 AND 16-11-650, AND TO MAKE OTHER TECHNICAL CORRECTIONS. (Abbreviated Title)

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD862.001), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 27, by striking SECTION 4 in its entirety.
Amend the bill further, as and if amended, page 5, beginning on line 10, by striking SECTIONS 9 and 10 in their entirety and inserting therein the following:
/SECTION   9.   Section 16-25-70(D) of the 1976 Code, as last amended by Act No. 120 of 1997, is further amended to read:
"(D)   If a law enforcement officer receives conflicting complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer shall evaluate each complaint separately to determine who was the primary physical aggressor. If the officer determines that one person was the primary physical aggressor, the officer must not arrest the other person accused of having committed domestic or family violence. In determining whether a person is the primary physical aggressor, the officer shall consider:
(1)   prior complaints of domestic or family violence;
(2)   the relative severity of the injuries inflicted on each person taking into account injuries alleged which may not be easily visible at the time of the investigation;
(3)   the likelihood of future injury to each person;
(4)   whether one of the persons acted in self-defense;
(5)   household member accounts regarding the history of domestic violence."
SECTION   10.   Section 16-25-70(F) of the 1976 Code, as last amended by Act No. 120 of 1997, is further amended to read:
"(F)   A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report and must include a statement in the report that the officer attempted to determine which party was the primary physical aggressor pursuant to this section and was unable to make a determination based upon the evidence available at the time of the arrest."/
Amend the bill further, as and if amended, page 6, beginning on line 1, by striking SECTION 11 in its entirety.
Amend the bill further, as and if amended, page 9, beginning on line 5, by striking SECTION 19 in its entirety and inserting therein the following:
/SECTION   19.   Sections 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, 17-13-110, 20-7-753, 20-7-1331, and 20-7-1335 of the 1976 Code are repealed. /
Amend the bill further, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION   _____.   Section 16-25-70(G), as last amended by Act No. 120 of 1997, is further amended to read:
"(G)   When two or more household members are charged with a crime involving domestic or family violence arising from the same incident and the court finds that one party was the primary physical aggressor pursuant to this section, the court, if appropriate, may dismiss charges against the other party or parties."
SECTION ______.   Section 44-23-1150 of the 1976 Code, as last amended by Act No.136 of 1997, is further amended to read:
"Section 44-23-1150.   A person having sexual intercourse committing a sexual battery, as defined in Section 16-3-651(H), with a patient or trainee of a state mental health facility, whether the patient or trainee is within the facility or unlawfully away from the facility, or an employee or agent of a state or local correctional facility or jail having sexual intercourse committing a sexual battery with an inmate of that a state or local correctional facility or jail, is guilty of a felony and, upon conviction, must be imprisoned not more than ten years."/
Renumber sections to conform.
Amend title to conform.

The amendment was adopted.

Clerk's Note: The committee amendment, having been adopted, caused a renumbering of the sections of the Bill, necessitating the following correcting amendment (862R001.FC):
Amend the bill, as and if amended, page 9, Section 20, line 9 by striking the words /12 and 13/ and inserting /10 and 11/.
Amend title to conform.

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 Bills, having been read the second time, were ordered placed on the third reading Calendar:

S. 477 -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500, SO AS TO ALLOW A CREDIT IN AN AMOUNT EQUAL TO THE TAXES PAID ON QUALIFIED RETIREMENT PLAN CONTRIBUTIONS MADE BY THE TAXPAYER WHILE RESIDING IN ANOTHER STATE WHICH DID NOT EXEMPT SUCH CONTRIBUTIONS FROM ITS STATE INCOME TAX AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PRESCRIBE THE METHOD OF CLAIMING THE CREDIT WHICH MUST BE SPREAD OVER THE LIFE EXPECTANCY OF THE TAXPAYER.

On motion of Senator RYBERG, with unanimous consent, S. 477 was ordered to receive a third reading on Friday, February 6, 1998.

S. 876 -- Senators Drummond and Alexander: A BILL TO AMEND SECTION 11-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF THE COMPTROLLER GENERAL TO THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY TAXES COLLECTED, SO AS TO DELETE OBSOLETE LANGUAGE AND REFER TO ALL TAXING ENTITIES; TO AMEND SECTIONS 12-39-140, 12-39-310, AND 12-45-300, RELATING TO THE DUTIES OF COUNTY AUDITORS, SO AS TO DELETE OBSOLETE REQUIREMENTS AND MODERNIZE REPORTING REQUIREMENTS TO THE COMPTROLLER GENERAL; AND TO REPEAL SECTIONS 11-3-190, 12-39-290, AND 12-45-340, RELATING TO OBSOLETE REPORTING AND RECORDKEEPING REQUIREMENTS.

S. 915 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-55 SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT HAVING AN EFFECT ON THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0915.001), which was adopted:
Amend the bill, as and if amended, page 1, line 28, in Section 2-7-55, as contained in SECTION 1, by striking the word /his/ and inserting therein /the Code Commissioner's/.
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 898 -- Senator Hayes: A CONCURRENT RESOLUTION REQUESTING THE HONORABLE C. WESTON HOUCK, CHIEF JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA, TO PROVIDE FOR THE TRANSMITTAL TO THE CODE COMMISSIONER OF THIS STATE AN UNPUBLISHED FEDERAL OPINION DECIDED IN THE DISTRICT WHICH INVALIDATES OR AFFECTS THE INTERPRETATION OF A SOUTH CAROLINA STATUTE, ACT, CODE SECTION, OR RESOLUTION.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0898.001), which was adopted:
Amend the resolution, as and if amended, page 1, line 33, after the word /South/ by striking /Caroline/ and inserting therein /Carolina/.
Amend the resolution further, as and if amended, page 2, by striking lines 4 and 5 in their entirety and inserting therein the following:
/Carolina, to establish a procedure for transmitting to the Code Commissioner of this State any unpublished federal opinion decided in the district which/.
Amend title to conform.

Senator COURTNEY explained the committee amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House with amendments.

S. 90 -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING ARTICLE 13, SO AS TO ENACT THE "PRIVATE CORRECTIONAL FACILITIES, PROGRAMS, AND SERVICES ACT"; AND TO AMEND SECTION 24-3-30 OF THE 1976 CODE, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT OF PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO PROVIDE THAT AT THE EXPIRATION OR TERMINATION OF A CONTRACT TO HOUSE PRISONERS MADE WITH A NONGOVERNMENTAL AGENCY, ALL PRISONERS MUST BE RETURNED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS OR THE LEGALLY RESPONSIBLE ENTITY OF LOCAL GOVERNMENT.

Senator MOORE asked unanimous consent to recommit the Bill to the Committee on Corrections and Penology.
There was no objection.

The following Bill was carrried over:

H. 3908 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY, NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE OWNER OF RECORD; TO AMEND SECTION 12-51-50, RELATING TO SALE OF PROPERTY IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO PROVIDE FOR SITES ALTERNATIVE TO THE COUNTY COURTHOUSE; TO AMEND
SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE OWNER OF RECORD OF THE PROPERTY; AND TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90.
On motion of Senator SETZLER, the Bill was carried over.

S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

The Committee on Education proposed the following amendment (850.1), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   This act will be known and may be cited as the "South Carolina Performance and Accountability for Excellence in Teaching and Learning (Excel) Act".
SECTION   2.   Chapter 18, Title 59 of the 1976 Code is amended to read:
"Section 59-18-100.   Declaration of Legislative Purpose.
The General Assembly finds that South Carolinians have the widespread conviction that public education is vital; it is vital because it enriches the human spirit, advances our society and culture, and leads to better jobs. It is the purpose of the General Assembly in this chapter to establish a performance based accountability system for public education which focuses on improving teaching and learning so that students meet state academic standards. Accountability, as defined by this chapter means responsibility for both improving student performance and for taking the necessary actions to improve classroom practice and school performance.
The system is to:
(1)   link the policies and criteria for performance standards, accreditation, reporting, school rewards, and targeted assistance;
(2)   use school and district accreditation and reporting to stress academic performance and to maintain a focus on the search for better ways to teach all students;
(3)   provide an annual report card to furnish clear and specific information about school and district academic performance and other performance to parents and the public;
(4)   require all districts to establish local accountability systems to stimulate quality teaching and learning practices and to target assistance to low performing schools;
(5)   increase coordinated, quality technical assistance to districts; and
(6)   expand the ability to evaluate the system and to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts.
Section 59-18-110.   The State Board of Education is directed to adopt grade specific academic educational standards in the core academic areas of mathematics, English/language arts, social studies (history, government, economics, and geography), and science and for grades nine through twelve to adopt specific academic standards for benchmark courses in mathematics, English/language arts, social studies, and science. The standards must be reflective of the highest level of academic skills with the rigor necessary to improve the curriculum and instruction in South Carolina's schools.
Section 59-18-120.   (A)   Notwithstanding any other provision of law, the State Board of Education, through the Department of Education, is directed to develop a statewide assessment program to measure student performance on state standards and: (a) identify areas in which students need additional academic support; (b) indicate the academic achievement for schools, districts, and the State based on the academic standards established by the State Board of Education; and (c) reduce additional assessments needed to satisfy federal reporting requirements. The State Board of Education is directed to develop standards based end of course assessments for benchmark courses in grades nine through twelve.
While this legislation calls for assessment in the specific areas mentioned above, this should not be interpreted in a manner that diminishes the importance of foreign languages, visual and performing arts, health, physical education and career/occupational programs.
(B)   After the first statewide field test of the assessment program in each of the four academic areas, and after the field tests of the end of course assessments of benchmark courses, the Select Committee, established in Section 59-6-10, will undertake reviews of the state assessment program and the course assessments for alignment with the state standards, level of difficulty and validity, and for the ability to differentiate levels of achievement, and will make recommendations for needed changes. As a part of the review, a task force of parents, business and industry persons, community leaders, and regular and special education educators must examine the assessment program and course assessments to determine rigor and relevancy. The review will be provided to the State Board of Education and the State Department of Education as soon as feasible after the field tests. The Department of Education will then report to the Select Committee no later than one month after receiving the reports on the changes made to the assessments to comply with the recommendations.
(C)   After review and approval by the Select Committee, the standards based assessment of mathematics, English/language arts, and science will be administered to all public school students to include those students as required by the 1997 reauthorization of the Federal Individuals with Disabilities Education Act and by Title 1 at the end of grades three through eight. The exit examination in these three academic areas will be administered at the end of grade ten. A standards based assessment will be developed for grades one and two for use by schools and districts as deemed appropriate by the local district officials. For students with documented disabilities, the assessments developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing Students with Documented Disabilities. After review and approval by the Select Committee, the end of course assessments of benchmark courses will be administered to all public school students as they complete each benchmark course.
(D)   The State Board of Education, through the State Department of Education, shall adopt or adapt a first grade readiness test which is linked to the adopted grade one academic standards. The first administration of this test must occur no later than the 2000-2001 school year. The purpose of the test is to measure individual student readiness and it is not to be used as an accountability measure at the state level.
Section 59-18-130.   The State Board of Education must establish a cyclical review by academic area of the state standards and the statewide assessment program and the assessment of benchmark courses to ensure that the standards and assessments are maintaining high expectations for teaching and learning. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators must to examine the assessment system to determine rigor and relevancy. At a minimum, each academic area should be reviewed and updated every four years. After each academic area is reviewed, a report on the recommendations of the task force and on the changes to be made to maintain high standards must be presented to the Select Committee for its consideration. After approval by the Select Committee, the recommendations may be implemented.
Section 59-18-140.   The State Board of Education, following the recommendations of the Accountability Division of the Select Committee, established in Section 59-6-40, and working with the Department of Education, is directed to select a norm referenced test to obtain an indication of student and school performance relative to national performance levels. The test shall be administered to a statistically valid random sample of students only as the division considers necessary to evaluate the accountability system. Norm referenced testing undertaken at the state level may not be used for individual diagnostic purposes.
Section 59-18-150.   The Department of Education is directed to provide the assessment results on individual students and schools in a manner and format that is easily understood by parents and the public. In addition, the school assessment results must be presented in a format easily understood by the faculty and in a manner that is useful for curriculum review and instructional improvement. The school assessment is to include information on the performance of subgroups of students within the school. The department must work with the division in developing the format of the assessment results.
Section 59-18-155.   The criteria governing the adoption of instructional materials shall be revised by the State Board of Education to require that the content of such materials must reflect the substance and level of performance outlined in the grade specific educational standards adopted by the state board.
Section 59-18-160.   (A)   By November 1999, the State Board of Education, working with the Department of Education, must promulgate regulations based on recommendations of the Accountability Division which outline the criteria to be used in the school accreditation system which is based on:
(1)   student academic performance standards;
(2)   other student performance indicators and school progress in meeting district and school goals and objectives; and
(3)   implementation of state policies and initiatives.
Student academic performance will be given the greatest weight in determining the level of accreditation to be awarded a school.
(B)   The criteria to establish academic performance standards must examine the actual performance level of the school and evaluate the rate of improvement over time in meeting the state's standards. The State Board of Education shall promulgate regulations establishing a rating system must be developed with five levels specified so that school performance is clearly characterized in language that parents and the public understand.
(C)   Student performance indicators will be those considered useful for assessing a school's performance and appropriate for the grade levels within the school. Dropout rate must be included in the indicators. In setting the standards for the academic standards and the performance indicators, consideration must be given to performance by subgroups of students in the school. In establishing the criteria to be used, longitudinally matched student data and measures using schools similar in student characteristics must be considered. The performance standards and criteria must use established guidelines for statistical analysis and build on current data-reporting practices. The review of progress in meeting school and district goals and standards will build on those outlined in the school and district strategic plans. Not later than November 2000, the State Board of Education, based on recommendations of the division and working with the Department of Education, must define the process to be followed for uniform collection of data.
(D)   By November 2000, baseline standards must be established and beginning with November 2001, annually, five levels for accreditation must be defined, with schools to be designated as successful, proficient, acceptable, on notice, and challenged based on the criteria established by the state board. The State Board of Education shall promulgate regulations establishing an accreditation system for vocational centers and school districts similar to that developed for the school accreditation system.
(E)   The criteria, standards setting, and baseline standards for the accreditation system must be reviewed by the Select Committee prior to their establishment by the State Board of Education.
Section 59-18-170.   Annual reporting of performance and accreditation.
(A)   An annual report card on schools must provide consistent reporting of performance for the individual elementary, middle, and high schools and vocational centers of the State. The school's rating on the academic performance standards must be emphasized and the accreditation designation, and information on its significance for the school and the district, must also be reported. A similar report card for school districts must also be developed.
(B)   The report card must include information on comparisons, trends, needs, and performance over time which is helpful to parents and the public in evaluating the school. This information should also provide a context for the performance of the school. The report card should include information in such areas as programs and curriculum, school leadership, community and parent support, and faculty qualifications. Where appropriate, the data should yield disaggregated results when such a breakdown of particulars would provide information to schools and districts in planning for improvement. In addition, the report card must provide information on the disciplinary climate in the school.
(C)   The principal, in conjunction with the School Improvement Council, established in Section 59-20-60, must write an annual narrative of a school's progress in order to further inform parents and the community about the school and its operation. The school's report card must be furnished to parents and the public no later than November fifteenth.
(D)   Beginning in 2001 and annually thereafter, the Department of Education must issue the report cards to the individual schools and districts no later than November first. The format of the annual reports on schools and districts must be determined by the Accountability Division, working with the Department of Education. Special efforts are to be made to ensure that the information contained in the report cards is provided in an easily understood manner and a reader friendly format. The proposed format must be reviewed by the staffs of the Senate and House Education committees and the Select Committee.
(E)   No later than June 1, 1999, the Accountability Division must report on the development of the accreditation system criteria and the report card to the Select Committee and the State Board of Education. A second report, to include uniform collection procedures for academic standards and performance indicators, is due by September 1, 1999. By September 1, 2000, a report on the development of baseline data for the schools is due.
Section 59-18-180.   Recognition program for schools and districts for exceptional or improved performance.
The State Board of Education, working with the division and the Department of Education, must establish the Palmetto Platinum, Gold, Silver, and Bronze Award Program to recognize and reward schools for academic achievement. Schools attaining high levels of absolute performance will be given a Platinum or Gold Award. Schools attaining or high rates of improvement shall be given the Silver or Bronze Award. The award program must base performance on matched student data and, where appropriate, consider such additional criteria as: (a) student attendance; (b) teacher attendance; (c) student dropout rates; and (d) any other factors promoting or maintaining high levels of achievement and performance.
Schools and vocational centers must be rewarded according to specific criteria established by the state board in consultation with the division. In defining eligibility for a reward for high levels of performance, student performance at all levels of achievement should demonstrate improvement.
The State Board of Education must develop regulations that ensure that the schools and vocational centers of the State utilize these reward funds to improve or maintain exceptional performance according to their school plans established in Section 59-139-10, including professional development support.
Section 59-18-190.   Exemptions from certain requirements for exceptional performance.
(A)   Notwithstanding any other provision of law, a school is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the Defined Minimum Program provided that, during a three-year period, the following criteria are satisfied:
(1)   the school has twice been a recipient of a Palmetto Gold, Silver, or Bronze Award, pursuant to Section 59-18-180;
(2)   the school has met annual improvement standards for subgroups of students in reading and mathematics; and
(3)   the school has exhibited no recurring accreditation deficiencies.
(B)   Schools receiving flexibility status are released from those regulations and statutory provisions referred to above including, but not limited to, regulations and statutory provisions on class scheduling, class structure, and staffing. The State Board of Education in consultation with the Select Committee must promulgate regulations and develop guidelines for providing this flexibility by December 1, 2001.
(C)   To continue to receive flexibility pursuant to this section, a school must annually exhibit school improvement at or above the state average as computed in the school recognition program pursuant to Section 59-18-180 and must meet the gains required for subgroups of students in reading and mathematics. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board of Education for an extension of this status for one year.
(D)   In the event that a school is removed from flexibility status, the school is not subject to regulations and statutory provisions exempted under this section until the beginning of the school year following notification of the change in status by the State Department of Education. Subsequent monitoring by the State Department of Education in a school that is removed from flexibility status shall not include a review of program records exempted under this section for the period that the school has received flexibility status or for the school year during which the school was notified of its removal from flexibility status.
Section 59-18-195.   Notwithstanding any other provision of law, a school designated as on notice or challenged while in such status is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the Defined Minimum Program or other State Board of Education regulations, dealing with the core academic areas established in Section 59-18-110, provided that the school's revised plan explains why such exemptions are expected to improve the academic performance of the students and the plan meets the criteria pursuant to Section 59-18-260.
Section 59-18-200.   District Accountability Systems.
The State Board of Education, based on recommendations of the division and working with the Department of Education, must develop regulations requiring that no later than August 1999, each school district, or consortium of school districts, must establish a performance based accountability system, or modify its existing accountability system, to reinforce the state accountability system. Parents, teachers, and principals must be involved in the development of the accountability system established by the district. Principals should be actively involved in the selection, discipline, and dismissal of personnel in their particular school. The purpose of the district system is to stimulate constant improvement in the process of teaching and learning in each school and to target additional local assistance for a school when its students' performance is low or shows little improvement. The district accountability system must build on the district and school activities and plans required in Section 59-139-10 and, therefore, the date the school improvement reports must be provided to parents is changed to February first. Until such time as regulations pursuant to this section become effective, school district accountability systems must be developed, adopted, and implemented in accordance with State Board of Education guidelines.
Section 59-18-210.   Actions to be taken when a school is designated 'on notice' or 'challenged'.
(A)   When a school receives an accreditation designation of 'on notice' or 'challenged', the following actions must be undertaken by the school, and the district, and the board of trustees:
(1)   The faculty of the school with the leadership of the principal must review its improvement plan and revise it with the assistance of the school improvement council established in Section 59-20-60. The revised plan should look at every aspect of schooling, and must outline activities that, when implemented, can reasonably be expected to improve student performance and increase the rate of student progress. The plan should provide a clear, coherent plan for professional development, which has been designed by the faculty, that is ongoing, job related, and keyed to improving teaching and learning. A time line for implementation of the activities and the goals to be achieved must be included.
(2)   Once the revised plan is developed, the district superintendent is to identify the strategies the district will use to help the school implement the improvement activities identified in the revised plan.
(3)   The district board of trustees must review and approve the plan and delineate the support which the district will give the plan.
(4)   After the approval of the revised plan, the principal's and teachers' professional growth plans, as required by Section 59-20-40 and Section 59-24-40, should be reviewed and amended to reflect the professional development needs identified and establish individual improvement criteria on the performance dimensions for the next evaluation.
(5)   The school must inform the parents of children attending the school of the accreditation designation received from the State Board of Education and must outline the steps in the revised plan to improve performance, including the support which the board of trustees has agreed to give the plan. This information must go to the parents no later than February first and is to be provided annually until a school has received the accreditation designation of 'acceptable' or above.
(B)   The Department of Education must review the school's revised plan to ensure it contains sufficiently high standards and expectations of improvement. Should the department determine that the plan, the district's strategies for assistance, or the time lines and goals require further consideration, technical assistance must be provided the school, the district, and the local board of trustees in the areas found to need changes. Upon a review of the revised plan by the Department of Education, the department is to delineate the activities, support, services, and technical assistance it will provide to support the school's plan and sustain improvement over time. Schools meeting the criteria established pursuant to Section 59-18-260 will be eligible for the grant programs created by that section.
Section 59-18-220.   Additional actions to be taken when a school is designated as 'challenged'.
(A)   When a school receives an accreditation designation of 'challenged' or when a low-performing school requests it, an external review committee of at least three members must be assigned by the Department of Education to examine school and district educational programs, actions, and activities. The activities of the external review committee may include:
(1)   examine all facets of school operations, focusing on strengths and weaknesses, to develop recommendations for improving student performance with emphasis on needed changes in the classroom;
(2)   work with school staff, central offices, and local board of trustees in the design of the district's plan and implementation strategies that can reasonably be expected to improve student performance and increase the rate of student progress in that school;
(3)   identify needed support from the district, the State Department of Education, and other sources;
(4)   identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board;
(5)   report its recommendations, no later than three months after the school receives the designation of 'challenged', to the school, the district board of trustees, and the State Board of Education; and
(6)   report annually over the next four years, or as deemed necessary by the state board, on the district's and school's progress in implementing the plans and recommendations and in improving student performance to the local board of trustees and the state board.
(B)   The external review committee shall be selected from representatives from selected school districts, respected retired educators, State Department of Education staff, and higher education representatives.
(C)   The Department of Education must review the recommendations of the external review committee, the district plan, and the school's revised plan to ensure it contains sufficiently high standards and expectations of improvement. Within thirty days, the Department of Education must notify the principal, the superintendent, and the district board of trustees of the recommendations approved by the State Board of Education. Upon the approval of the recommendations and the plans, the Department of Education is to delineate the activities, support, services, and technical assistance it will provide to support the district's and school's activities. This assistance will continue for at least three years, or as determined to be needed by the review committee to sustain improvement, with the approval of the state board.
(D)   If the recommendations approved by the state board, the district's plan, or the school's revised plan are not satisfactorily implemented by the 'challenged' school and its school district according to the time line developed by the State Board of Education or if student academic performance has not met expected progress, the principal, district superintendent, and members of the board of trustees must appear before the State Board of Education to outline the reasons why a state of emergency should not be declared in the school. The State Superintendent, after consulting with the external review committee and with the approval of the State Board of Education, shall be granted the authority to take any of the following actions:
(1)   furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education;
(2)   declare a state of emergency in the school and replace the school's principal; or
(3)   declare a state of emergency in the school and assume management of the school.
Section 59-18-230.   Specialist on site for schools 'challenged'.
A Specialist on Site must be assigned to a school designated as 'challenged,' if the review committee so recommends and is approved by the State Board of Education. The specialist will assist the school in gaining knowledge of best practices and well-validated alternatives, demonstrate effective teaching, act as coach for improving classroom practices, and give support and training to identify critical questions regarding school improvement and professional development. The specialist assigned to the school must have expertise in an area identified as a weakness by the assessment or the review committee. The specialist will work with the school faculty on a regular basis throughout the school year and for up to two years, or as recommended by the review committee and approved by the state board, in order to sustain improvement.
The Department of Education, in consultation with the division, shall develop a program for selecting and training exceptional educators to serve as Specialists on Site. Retired educators may be considered for specialists. School districts are asked to cooperate in releasing employees for full- or part-time employment as a Specialist on Site. To encourage and recruit teachers for assignment to on notice and challenged schools, those assigned to such schools will receive their salary and a supplement equal to fifty percent of the current southeastern average teacher salary as projected by the State Budget and Control Board, Office of Research and Analysis,; the salary and supplement is to be paid by the State.
The Department of Education, in consultation with the division, shall develop a program for selecting and training exceptional principals to serve as Principal Specialists on Site. Retired educators may be considered for Principal Specialists. A Principal Specialist may be assigned to a school designated as 'challenged', if the review committee so recommends and is approved by the State Board of Education. The Principal Specialist will assist the school in gaining knowledge of best practices and well-validated alternatives, demonstrate effective leadership for improving classroom practices, assist in the analyses of assessment data; and give support to identify critical questions regarding school improvement and professional development. To encourage and recruit principals for assignment to on notice and challenged schools, those assigned to such schools will receive their salary and a supplement equal to 1.25 times the supplement amount calculated for teachers,; the salary and supplement are to be paid by the State.
The supplements are to be considered part of the regular salary base for which retirement contributions are deductible by the South Carolina Retirement System pursuant to Section 9-1-1020. Principal and Teacher Specialists on Site who are assigned to on notice or challenged schools shall be allowed to return to employment with their previous district at the end of the contract period with the same teaching or administrative contract status as when they left, but without assurance as to the school or supplemental position to which they may be assigned.
For retired educators drawing benefits from the State Retirement System who are serving in the capacity of Principal or Teacher Specialist on Site, the earnings limitations which restrict the amount of compensation that may be earned from covered employment while drawing benefits under the State Retirement System do not apply to any compensation paid to them as an on-site specialist. However, no further contributions may be made to the State Retirement System related to this compensation and no additional retirement benefits or credits may be received or accrued.
Section 59-18-240.   Certification credit for participation in professional development related to 'on notice' or 'challenged' schools.
Each teacher employed in schools designated as 'on notice' or 'challenged' who participate in the professional development activities and the improvement actions of the school which go beyond the normal school day and year may earn credits toward recertification according to the criteria established by the State Board of Education. To receive credit, the activities must include at least one of the following:
(1)   summer institute with follow-up activities;
(2)   practice of new teaching strategies with peers regularly throughout the school year;
(3)   work with peer study groups during the academic year in planning lessons; and
(4)   observing and coaching regularly in one another's classrooms.
The activities must be approved by the Department of Education and the department shall determine the amount of credit earned by the participation.
Section 59-18-250.   Formal mentoring program for principals of schools 'on notice' or 'challenged'.
Each principal employed in schools designated as 'on notice' or 'challenged' must participate in a formal mentoring program with a principal. The Department of Education shall design the mentoring program and provide a stipend to those principals serving as mentors.
Section 59-18-260.   Grants to schools designated as 'on notice' or 'challenged'.
The State Board of Education, working with the Accountability Division and the Department of Education, must establish grant programs for schools designated as 'on notice' and for schools designated as 'challenged'. A school designated as 'on notice' will qualify for a grant to undertake any needed retraining of school faculty and administration once the revised plan is determined by the State Department of Education to meet the criteria on standards and activities. A school designated as 'challenged' will qualify for the grant program after the State Board of Education approves its revised plan. A grant or a portion of a grant may be renewed annually over the next three years, if school and district actions to implement the revised plan continue. Should student performance not improve, prior to renewing the grant, the revised plan must be reviewed by the district and board of trustees and the State Department of Education to determine what other actions, if any, need to be taken. A grant may be extended for up to an additional two years, if the State Board of Education determines it is needed to sustain academic improvement. The funds must be expended based on the revised plan and according to criteria established by the State Board of Education. Prior to extending any grant, the Accountability Division shall review school performance in the wise use of the previously awarded grant funds. If deficient use is determined, those deficiencies must be identified, noted, and corrective action taken before a grant extension will be given.
The State Board of Education, working with the Department of Education and with the approval of the Select Committee, will develop guidelines outlining eligibility for the grant programs and methods of distributing funds which will be in effect until such time as the accreditation designations in Section 59-18-160 are implemented. In developing the eligibility guidelines, the board should consider criteria similar to that used in the impaired district program, Section 59-18-30, in effect in 1997. Until such time as regulations are promulgated, the funds shall be distributed on a per teacher basis for use only as outlined in the revised school plan.
Section 59-18-270.   Actions to be taken when a school district is designated as 'on notice'.
(A)   When a district receives an accreditation designation of 'on notice', the State Superintendent, with the approval of the State Board of Education shall appoint an external review committee to study educational programs in that district and identify factors affecting the performance of the district. The review committee must:
(1)   examine all facets of school and district operations to develop recommendations for improving student performance;
(2)   work with schools' staffs, central offices, and local board boards of trustees in the design and implementation of a plan that can reasonably be expected to improve student performance and increase the rate of student progress;
(3)   identify personnel changes, if any, that are needed at the school and/or district level and discuss such findings with the board of trustees;
(4)   identify needed support from the Department of Education and other sources; and
(5) report its recommendations, no later than three months after the district receives the designation of 'on notice', to the district board of trustees, and the State Board of Education.
(B)   Within thirty days the Department of Education must notify the superintendent and the district board of trustees of the recommendations approved by the State Board of Education. Upon the approval of the recommendations, the Department of Education must delineate the activities, support, services, and technical assistance it will provide to support the recommendations and sustain improvement over time. The external review committee must report annually over the next four years, or as deemed necessary by the state board, on the district's progress in implementing the recommendations and improving student performance to the local board of trustees and the state board.
(C)   The review committee shall be composed of State Department of Education staff and representatives from selected school districts, higher education, and business.
(D)   If the recommendations approved by the State Board of Education are not satisfactorily implemented by the school district according to the time line developed by the State Board of Education or if student performance has not made the expected progress and the school district is designated as 'challenged', the district superintendent and members of the board of trustees must appear before the State Board of Education to outline the reasons why a state of emergency should not be declared in the district. The State Superintendent, with the approval of the State Board of Education, is granted authority to do any of the following:
(1)   furnish continuing advice and technical assistance in implementing the recommendations of the State Board of Education;
(2)   recommend to the Governor that the office of superintendent be declared vacant. If the Governor declares the office vacant, the State Superintendent may furnish an interim replacement until the vacancy is filled by the board of trustees; or
(3)   declare a state of emergency in the school district and assume management of the school district.
Section 59-18-280.   State technical assistance to schools and districts.
To assist schools and school districts as they work to improve classroom practice and student performance, the Department of Education must increase the delivery of quality technical assistance services and the assessment of instructional programs. The department may need to reshape some of its organization and key functions to make them more consistent with the assistance required by schools and districts in developing and implementing local accountability systems and meeting state standards. The Department of Education must:
(1)   establish an on-going peer review process for school and district plans, including district and school accountability systems, to ensure the plans contain strategies that can reasonably be expected to improve student performance and increase the rate of student progress;
(2)   establish an on-going state mechanism to promote successful programs found in South Carolina schools for implementation in schools with similar needs and students, to review evidence on instructional and organizational practices considered to be effective, and to alert schools and classroom teachers to these options and the sources of training and names of implementing schools;
(3)   provide information and technical assistance in understanding state policies, how they fit together, and the best practice in implementing them; and
(4)   establish a process for monitoring information provided for accreditation and for assessing improvement efforts and implementation of state laws and policies which focuses on meeting the intent and purpose of those laws and policies.
Section 59-18-290.   Regional service centers established.
(A)   To increase the delivery of quality technical assistance and professional development, the State Board of Education, working with the Select Committee and the Department of Education, shall establish multi-school district regional centers for learning, teaching, and school leadership. The purpose of the centers is to foster and sustain improvement over time by providing coordinated support and sustained, intensive training for teachers and principals that is based on the specific needs of those schools and school districts included in the centers and on the educational priorities of the State.
(B)   There shall be no more than twelve centers established at selected sites across the State. In forming the centers, the State Board of Education must take into consideration the boundaries and memberships of existing district consortia and must consult with the school districts. Where existing consortia agree, the regional centers must be merged into the existing consortia structures. When the regional center is merged into an existing consortium structure, the support provided by the individual school districts to that consortium must continue at least at the same level as prior to the merger. However, those groups of districts which have boundaries of the Math and Science Hub and the Tech Prep Consortium that coincide may petition the State Board of Education to become a regional center and that petition must be granted. Each regional center shall have as its governing board the district superintendents who shall serve as the designees of their respective boards of trustees from the school districts to be served by the regional center.
(C)   These centers are empowered to hire a director and receive state, local, and federal funds that have been assigned to the centers by the member school districts and are also empowered to spend those funds on behalf of the districts assigning those funds. The centers are eligible to receive and expend funds from state and federal governments, school districts, and other public or private sources. Such funds shall be reported in the same manner as that required of school districts. Center employees, who shall be hired by the director with the approval of the governing board, shall be considered state employees for the purposes of retirement and fringe benefits.
(D)   Each regional center will provide coordinated curriculum development and instructional planning assistance, professional development which meets national standards for delivery, leadership training, assistance with implementation of teacher and principal evaluations, and such other services as needed and desired by the schools and districts within the consortium. The funding and responsibilities of the Math and Science Hubs and the Tech Prep Consortia must be devolved among these regional centers, to the extent possible and consistent with applicable federal requirements, and the federal requirements for the various advisory boards will be observed. In addition, the centers will serve as technology service areas for technology training, assistance, and information. Each school district within its consortium is entitled to participate in those programs offered by the consortium but no district is required to participate in any service.
(E)   With the approval of the consortium governing board, the State Department of Education may assign agency personnel to that consortium. The centers may work in conjunction with consultants and faculty from universities in the State. The technical colleges must continue to work as partners in Tech Prep with the regional centers in which they are located and with the school districts in that regional center.
(F)   The State Board of Education, working with the Select Committee and the Department of Education, must develop such policies and regulations as may be needed for the proper administration of the regional centers. However, any policies and regulations should preserve the independence of the regional centers and their boards. The Department of Education must consider reshaping its organization to focus its technical assistance and service delivery through the regional centers.
(G)   Five years after the establishment of the centers, the division must evaluate their effectiveness. The purpose of the evaluation is to determine the effectiveness of the centers in providing training and technical assistance to the state's schools and school districts and to ensure that each regional center is responsive to the needs of the schools and districts it serves."
SECTION 3.   Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-400. An on-going public information campaign must be established to apprise the public of the status of the public schools and the importance of high standards for academic performance for the public school students of South Carolina, not only for the future of the individual student but for the future of all our citizens. A special committee appointed by the Select Committee, and working with it, representing business, industry, and education shall plan and oversee development of the campaign, including public service announcements for the media and such other avenues as deemed appropriate for informing the public. Private individuals and groups are asked to contribute to this endeavor. The Select Committee, established in Section 59-6-10, may accept such donations and grants; for every two dollars donated by private individuals or groups for this purpose, the State shall contribute one dollar, from the state general fund, up to five hundred thousand dollars. All such funds so received by the Select Committee must be used by the committee for its appropriate purposes provided by law."
Review of professional development regulations.
SECTION   4.   The State Board of Education, working with the Department of Education, must review the regulations regarding professional development and revise them so they promote the use of state dollars for training which meets national standards for staff development.
Review of state assisted programs and policies for professional development.
SECTION   5.   The division must conduct a review of the current organization and structure for state assisted programs and policies for professional development. The review is to take into consideration the research on effective programs and to recommend better ways to provide and meet the needs for professional development, including the use of the five contract days for in service.
Principal Leadership Development.
SECTION   6.   Article 1, Chapter 24, Title 59 of the 1976 Code is amended by adding:
"Section 59-24-5.   Legislative Findings.
The General Assembly finds that the leadership of the principal is key to the success of a school, and support for ongoing, integrated professional development is integral to better schools and to the improvement of the actual work of teachers and school staff."
SECTION   7.   Sections 59-24-10 and 59-24-30 of 1976 Code are amended to read:
"Section 59-24-10.   Beginning with the school year 1999-2000, any person who is under consideration for appointment as a principal for any elementary school, secondary school, or vocational center must be assessed for instructional leadership and management capabilities by the Assessment Center Leadership Academy of the South Carolina Department of Education and a personal professional development plan constructed on the basis of that assessment prior to or within one year of the date such appointment is made. A report of this assessment must be forwarded to the district superintendent. The provisions of this section do not apply to any persons currently employed as principals on the effective date of the provisions of this paragraph nor to any persons hired as principals before the beginning of school year 1996-97 1999-2000.
Section 59-24-30.   All school administrators shall develop annually or update an on-going individual professional development plan with annual updates which is appropriate for their role or position. This plan shall support both their individual growth and organizational needs. Organizational needs must be defined by the districts' strategic plans or school renewal plans. The Department of Education shall assist school administrators in carrying out their professional development plans by reviewing the school and district plans and providing or brokering programs and services in the area of areas identified for professional development."
SECTION   8.   Section 59-24-50 of the 1976 Code is amended to read:
"Section 59-24-50.   The By January 1, 1999, the South Carolina Department of Education's Leadership Academy shall develop, in cooperation with school districts, district consortia, and state-supported institutions of higher education, new training programs and expand current training programs available to present and prospective school administrators with particular emphasis on effective instructional leadership continuous professional development programs which meet national standards for professional development and focus on the improvement of teaching and learning. By July 1, 1999, programs funded with state funds must meet these standards and must provide training, modeling, and coaching By January 1, 1990, these training programs must include an emphasis on effective instructional leadership as it pertains to instructional leadership and school-based improvement, including instruction on the importance of school improvement councils and ways administrators may make school improvement councils an active force in school improvement. The training must be developed and conducted in collaboration with the School Council Assistance Project."
SECTION   9.   Article 1, Chapter 24, Title 59 of the 1976 Code is amended by adding:
"Section 59-24-80.   Formal induction program for first year principals.
Beginning with school year 1999-2000, each school district, or consortium of school districts, shall provide school principals serving for the first time as building administrators with a formalized induction program in cooperation with the State Department of Education. The State Board of Education must develop regulations for the program based on the criteria and statewide performance standards which are a part of the process for assisting, developing, and evaluating principals employed in the school districts. The program must include an emphasis on the elements of instructional leader skills, implementation of effective schools research, and analysis of test scores for curricular improvement."
SECTION 10.   Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-500.   The State Board of Education, working with the Department of Education and the Select Committee, shall promulgate regulations to establish an alternative schools for one or more districts within a county. Districts are authorized and encouraged to cooperate in establishing and funding the alternative school. These schools must be at a site separate from other schools and shall provide appropriate services to middle or high school students who for academic or behavioral reasons are not benefiting from the regular school program. The regulations must include guidelines to ensure that effective practices are adopted.
To be eligible for funding the school district(s) must develop a plan for the school which establishes a comprehensive program to address student problems. State requirements for staffing may be waived if the plan meets the criteria and has a reasonable expectation of success. The plan must include:
(1)   the mission of the school;
(2)   policy for the basis of enrollment in the school;
(3)   a low pupil-teacher ratio, to include one on one assistance, independent computer assisted leaning and distance learning;
(4)   provision for transportation to the school;
(5)   establishment of comprehensive staff development;
(6)   a process for establishing a mentor teacher at the student's original school in order to ease transition back to that school should such a transfer occur; and
(7)   a process for community involvement and support.
The district(s) shall contract with the school for each student attending for an amount that is no less than the amount equal to that generated by the student's EFA weight. Base funding for the alternative school shall be provided as available from the General Assembly."
SECTION 11.   When parents are involved with their children's education, students achieve more, regardless of socio-economic status, ethnic/racial background, or the parents' education level. The more extensive the parent involvement, the higher level of the student achievement. Therefore, the Select Committee shall appoint a task force to review current state programs and policies for parent participation in their children's education. The task force is to look for ways to encourage and induce parents to oversee and support student academic performance and behavior that contributes to academic improvement. The membership of the task force should include: public school educators from rural, urban, and suburban schools and districts; parents of public school children; social service representatives; and a juvenile justice representative. The task force must be appointed no later than September 1, 1998, and shall provide its report and recommendations to the Select Committee by October 15, 1999.
SECTION   12.   Section 59-6-10 of the 1976 Code is amended to read:
"Section 59-6-10.   Oversight Committee.
In order to assist in, recommend, and supervise implementation of programs and expenditure of funds for the Performance and Accountability for Excellence in Teaching and Learning (Excel) Act and the Education Improvement Act of 1984 there is created a the Select Committee is to serve as the oversight committee for the act these acts. The Select Committee shall:
(1)   review and monitor the implementation and evaluation of Excel and Education Improvement Act programs and funding;
(2)   make programmatic and funding recommendations to the General Assembly;
(3)   report annually to the General Assembly on the progress of the programs;
(4)   recommend Excel Act and EIA program changes to state agencies and other entities as it considers necessary.
Each state agency and entity responsible for implementing the Performance and Accountability for Excellence in Teaching and Learning Act and the Education Improvement Act funded programs shall submit annually to the Select Committee programs and expenditure reports and budget requests as needed and in a manner prescribed by the Select Committee.
The committee consists of the following persons:
(1)   Speaker of the House of Representatives or his designee and a member of the House of Representatives appointed by the Speaker;
(2)   Lieutenant Governor President Pro Tempore or his designee and a member of the Senate appointed by the Lieutenant Governor President Pro Tempore;
(3)   Chairman of the Education and Public Works Committee of the House of Representatives or his designee;
(4)   Chairman of the Education Committee of the Senate or his designee;
(5)   State Superintendent of Education or his designee;
(6)   Chairman of the Commission on Higher Education or his designee;
(7 5)   Governor or his designee and a member appointed by the Governor;
(8 6)   Chairman of the Ways and Means Committee of the House of Representatives or his designee;
(9 7)   Chairman of the Finance Committee of the Senate or his designee;
(8)   Four members representing business and industry who must have experience in business, management, or policy to be appointed as follows: two by the Governor, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee;
(9)   Four members representing education who shall be the State Teacher of the Year and the State Principal of the Year from the prior two school years. The principal membership shall rotate among the elementary, and high school principals of the year.
A member of the General Assembly shall serve as chairman. Any new appointees to the committee must be made no later than July 1, 1998.
Members of the committee shall meet no less than once a quarter and annually shall submit their findings and recommendations to the General Assembly before March first of each fiscal year. The committee shall hire administrative staff as necessary to carry out its functions."
SECTION   13.   Chapter 6, Title 59 of the 1976 Code is amended by adding:
"Section 59-6-100.   Establishment of division for monitoring.
Within the Select Committee, an Accountability Division must be established to report on the monitoring, development, and implementation of the performance based accountability system and reviewing and evaluating all aspects of the Excel Act. A subcommittee of seven members of the Select Committee (the four members representing business and industry, one appointed by the Governor from the members of the committee, and two appointed by the chairman, one from the members appointed from the Senate and one from the members appointed from the House of Representatives) will serve to advise and coordinate on a regular basis the work of the Accountability Division. The subcommittee must elect its chair from one of the business and industry representatives. The division will provide information, recommendations, and an assessment of the Excel Act to the Select Committee annually.
The division will employ, by a majority vote of the subcommittee, for a contract term of three years an executive director for the Accountability Division. The director must be chosen solely on grounds of fitness to perform the duties assigned to him and must possess at least the following qualifications: a demonstrated knowledge of public education, experience in program evaluation, and experience in a responsible managerial capacity. No member of the General Assembly nor anyone who will have been a member for one year previously will be contracted to serve as director. The director will have the authority to employ, with the approval of the subcommittee, professional and support staff as necessary to carry out the duties of the division, which shall be separate from the administrative staff of the Select Committee.
Section 59-6-110.   The division must examine the public education accountability system and the EIA to ensure that the system and its components and the EIA programs are functioning for the enhancement of student learning. The division will recommend the repeal or modification of statutes, policies, and rules that deter school improvement. The division must provide biannually its findings and recommendations in a report to the Select Committee no later than February first. The division is to expand the ability to evaluate the system and to conduct in-depth studies on implementation, efficiency, and the effectiveness of academic improvement efforts as they relate to Excel and submit reports containing its findings and recommendations, as needed, to the Select Committee.
The responsibilities of the division do not include fiscal audit functions or funding recommendations except as they relate to accountability. It is not a function of this division to draft legislation and neither the director nor any other employee of the division shall urge or oppose any legislation.
In the performance of it duties and responsibilities, the division and staff members are subject to the statutory provisions and penalties regarding confidentiality of records as they apply to schools, school districts, the Department of Education, and the Board of Education.
Section 59-6-120.   For the purposes of carrying out its duties and responsibilities, the Accountability Division shall have access to the records and facilities of the Department of Education, the State Board of Education, and the school districts and schools during regular operating hours. The division may call on the facilities and expertise of the state institutions of higher learning and any other tax supported agencies for use by the division in carrying out its functions and may coordinate and consult with existing agency and legislative staff."
SECTION   14.   Section 59-6-12 of the 1976 Code is repealed.
SECTION   15.   Sections 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, and 59-18-31 of the 1976 Code are repealed.
SECTION   16.   The Department of Education must provide a copy of this act to every district superintendent and school principal in this State.
SECTION   17.   The catch line headings, or captions, which immediately follow the section designations are for informational purposes only and must not be used to construe the sections more broadly or narrowly than the text of the sections would indicate. The catch lines, or captions, are not part of the law.
SECTION   18.   This act takes effect upon the approval by the Governor./
Amend title to conform.

Senator SETZLER explained the Bill.

The amendment was adopted.

On motion of Senator FAIR, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.

Senator SETZLER asked unanimous consent to make a motion to make the Bill a Special Order.
Senator MOORE objected.

Senator SETZLER moved that the Bill be made a Special Order.

By a divison vote of 31-1, the Bill was made a Special Order.

On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

Senator RAVENEL spoke on the Bill.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator RAVENEL retaining the floor.

Senator DRUMMOND moved that, when the Senate adjourns on Friday, February 6, 1998, it stand adjourned to meet next Tuesday, February 10, 1998, at 12:00 Noon, which motion was adopted.

At 11:43 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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